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CARMEL VALLEY FIRE PROTECTION v. STATE

No. B113383.

83 Cal.Rptr.2d 466 (1999)

CARMEL VALLEY FIRE PROTECTION DISTRICT et al., Plaintiffs and Appellants, v. STATE OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division One.

Review Granted June 30, 1999.

Attorney(s) appearing for the Case

William D. Ross and Carol B. Sherman, Los Angeles, for Plaintiffs and Appellants.

Daniel E. Lungren, Attorney General, Linda A. Cabatic and Allen Sumner, Assistant Attorneys General, and Marsha A. Bedwell, Deputy Attorney General, for Defendant and Respondent State of California.

Camille Shelton, Staff Counsel, Commission on State Mandates, for Defendant and Respondent Commission on State Mandates.

MIRIAM A. VOGEL, J.

The legislative prerogative is to declare public policy and to provide the ways and means of its accomplishment. We hold in this case that when the Legislature has accomplished that purpose by the enactment of a comprehensive statutory scheme enabling a statewide department (part of the executive branch) to adopt regulations to be enforced by administrative officers exercising substantial discretion, the separation of powers doctrine precludes...

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