BIG CREEK LUMBER CO. v. COUNTY OF SANTA CRUZ

No. S123659.

45 Cal.Rptr.3d 21 (2006)

38 Cal.4th 1139

136 P.3d 821

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

Supreme Court of California.

June 29, 2006.


Attorney(s) appearing for the Case

Jones Day, Craig E. Stewart, Tracy M. Strong, San Francisco; Law Offices of Dennis J. Kehoe and Dennis J. Kehoe, Aptos, for Plaintiff and Appellant Big Creek Lumber Company.

Bosso, Williams, Sachs, Atack & Gallagher, Bosso, Williams, Sachs, Atack, Gallagher & Sanford, Bosso Williams, Robert E. Bosso, Santa Cruz, and Catherine A. Phillipovitch, for Plaintiff and Appellant Central Coast Forest Association.

Bruce A. Crane and Ginerva K. Chandler, Sacramento, for California Board of Forestry and Fire Protection as Amicus Curiae, on behalf of Plaintiff and Appellant Big Creek Lumber Company.

Pacific Legal Foundation, Robin L. Rivett and M. Reed Hopper, Sacramento, for Forest Landowners of California, California Forestry Association, California Farm Bureau Federation and California Cattlemen's Association as Amici Curiae, on behalf of Plaintiffs and Appellants.

Dana McRae, County Counsel; Shute, Mihaly & Weinberger, Fran M. Layton, Catherine C. Engberg, Jenny K. Harbine, Gabriel M.B. Ross, San Francisco, Susannah T. French and Marlena G. Byrne, for Defendant and Appellant County of Santa Cruz.

Bill Lockyer, Attorney General, Richard M. Frank and Tom Greene, Chief Assistant Attorneys General, J. Matthew Rodriguez, Assistant Attorney General, and Tara L. Mueller, Deputy Attorney General, for Defendant and Appellant California Coastal Commission.

Orrick, Herrington & Sutcliffe, Karen Johnson-McKewan, Joshua Walker, Robert Nagel, Menlo Park, and Katherine Ikeda, San Francisco, for the Committee for Green Foothills, Citizens for Responsible Forest Management, the Planning and Conservation League, the Lompico Watershed Conservancy and the Sierra Club as Amici Curiae, on behalf of Defendant and Appellant County of Santa Cruz.

Thomas F. Casey III, County Counsel (San Mateo) and Kimberly A. Marlow, Deputy County Counsel, for County of San Mateo as Amicus Curiae, on behalf of Defendant and Appellant County of Santa Cruz.

Dennis J. Herrera, City Attorney (San Francisco), Burk E. Delventhal and Wayne Snodgrass, Deputy City Attorneys, for League of California Cities and California State Association of Counties as Amici Curiae, on behalf of Defendant and Appellant County of Santa Cruz.


WERDEGAR, J.

We must decide whether two county zoning ordinances relating to the permissible locations for timber operations are preempted by state forestry statutes. Concluding they are not, we reverse the judgment of the Court of Appeal.

Background

In 1999, the Board of Supervisors of the County of Santa Cruz (County) adopted several ordinances that would have affected timber harvesting operations in the County. As pertinent here, County...

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