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BIG CREEK LUMBER v. COUNTY OF SANTA CRUZ

No. H023778.

10 Cal.Rptr.3d 356 (2004)

BIG CREEK LUMBER CO. et al., Plaintiffs and Appellants, v. COUNTY OF SANTA CRUZ et al., Defendants and Appellants.

Court of Appeals of California, Sixth District.

As Modified on Denial of Rehearing March 10, 2004.

Review Granted June 9, 2004.

Attorney(s) appearing for the Case

Craig E. Stewart, San Francisco, Jones Day, Dennis J. Kehoe, Aptos, Law Offices of Dennis J. Kehoe, for Plaintiff and Appellants Big Creek Lumber Co. et al.

Robert E. Bosso, Santa Cruz, Catherine A. Philipovitch, Bosso, Williams, Sachs, Atack & Gallagher, for Plaintiffs and Appellants Central Coast Forest Assn.

Robin L. Rivett, Sacramento, and M. Reed Hopper, Pacific Legal Foundation, for amicus curiae on behalf of Plaintiffs and Appellants.

Dana McRae, County of Santa Cruz, Fran M. Layton, San Francisco, Susannah T. French, Marlena G. Byrne, Shute, Mihaly & Weinberger LLP, for Defendants and Appellants County of Santa Cruz.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Asst. Atty. General, J. Matthew Rodriquez, Sr., Asst. Atty. General, Tara L. Mueller, Deputy Attorney General, for Defendants and Appellants, California Coastal Commission.

WUNDERLICH, J.

In this case, we are called upon to analyze the interplay among various state statutes that affect timber harvesting and to determine the impact of those statutes on local government's power to regulate land use.

The relevant statutes are the California Timberland Productivity Act of 1982 (Timberland Productivity Act or TPA),1 the Z'berg-Nejedly Forest Practice Act of 1973 (Forest Practice Act or FPA),

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