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TOSI v. COUNTY OF FRESNO

No. F053706.

74 Cal.Rptr.3d 727 (2008)

161 Cal.App.4th 799

Randy TOSI et al., Plaintiffs and Respondents, v. COUNTY OF FRESNO et al., Defendants and Appellants. Oliverio Herrera et al., Plaintiffs and Respondents, v. County of Fresno et al., Defendants and Appellants.

Court of Appeal of California, Fifth District.

April 1, 2008.

Attorney(s) appearing for the Case

Dennis A. Marshall, County Counsel, and J. Wesley Merritt, Chief Deputy County Counsel, for Defendants and Appellants.

Michael J.F. Smith, Fresno, for Plaintiffs and Respondents Randy Tosi and Bruno's Iron & Metal.

Gilmore, Wood, Vinnard & Magness, David M. Gilmore, Fresno, and Jody L. Winter, for Plaintiffs and Respondents Oliverio Herrera and George Thomas.

The Flanigan Law Firm, Timothy Flanigan, Sacramento; Scott Horne and Danielle F. Waterfield for Institute of Scrap Recycling Industries as amici curiae on behalf of Plaintiffs and Respondents.

OPINION

VARTABEDIAN, Acting P.J.

Fresno County, its district attorney, and its sheriff appeal from a preliminary injunction prohibiting them from enforcing certain portions of the county's ordinances regulating scrap metal dealers because the ordinances are preempted by state law. Concluding the trial court did not abuse its discretion under the relevant standards, we will affirm the order in question.

Facts and Procedural History

State...

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