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CARMEL VALLEY FIRE PROTECTION v. STATE

No. S078828.

105 Cal.Rptr.2d 636 (2002)

25 Cal.4th 287

20 P.3d 533

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

Supreme Court of California.

Rehearing Denied May 23, 2001.

Attorney(s) appearing for the Case

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

Lloyd W. Pellman, County Counsel (Los Angeles) and Stephen R. Morris, Principal Deputy County Counsel, for Los Angeles County Consolidated Fire Protection District as Amicus Curiae on behalf of Plaintiffs and Appellants.

Daniel E. Lungren and Bill Lockyer, Attorneys General, Manuel M. Medeiros, Linda A. Cabatic and Allen Sumner, Assistant Attorneys General, Paul H. Dobson, Andrea Lynn Hoch, Marsha A. Bedwell and Daniel G. Stone, Deputy Attorneys General for Defendants and Respondents State of California, Departments of Finance and Industrial Relations, State Controller Kathleen Connell and State Treasurer Philip N. Angelides.

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

GEORGE, C.J.

In this case we consider whether Government Code section 17581 and certain budget measures that suspend the operation of administrative regulations adopted by the Department of Industrial Relations violate the separation of powers clause of the California Constitution by encroaching on the power of the executive branch of government. (Cal. Const., art. III, § 3.) We conclude that no separation of powers violation has been demonstrated.

I...

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