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SCHMEER v. COUNTY OF LOS ANGELES

No. B240592.

213 Cal.App.4th 1310 (2013)

153 Cal. Rptr. 3d 352

LEE SCHMEER et al., Plaintiffs and Appellants, v. COUNTY OF LOS ANGELES et al., Defendants and Respondents.

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

As modified March 11, 2013.

Attorney(s) appearing for the Case

Nielsen Merksamer Parrinello Gross & Leoni, James R. Parrinello , Eric J. Miethke , Arthur G. Scotland , Sean P. Welch and Kurt R. Oneto for Plaintiffs and Appellants.

Wm. Gregory Turner for Council on State Taxation and California Taxpayers Association as Amici Curiae on behalf of Plaintiffs and Appellants.

John F. Krattli , County Counsel, Albert Ramseyer , Principal Deputy County Counsel, and Truc L. Moore , Deputy County Counsel, for Defendants and Respondents.

Colantuono & Levin, Michael G. Colantuono and Jon R. di Cristina for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendants and Respondents.

Frank G. Wells Environmental Law Clinic, Sean B. Hecht and Xiao Y. Zhang for Surfrider Foundation, Heal the Bay, The 5 Gyres Institute, Environment California Research and Policy Center, and Seventh Generation Advisors as Amici Curiae on behalf of Defendants and Respondents.

OPINION

CROSKEY, Acting P. J. —

A Los Angeles County ordinance prohibits retail stores from providing plastic carryout bags and requires stores to charge customers 10 cents for each paper carryout bag provided. Lee Schmeer and others (Petitioners) filed a combined petition for writ of mandate and complaint challenging the ordinance. Petitioners contend the ordinance violates article XIII C of the California Constitution, as amended by...

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