BIG CREEK LUMBER CO. v. COUNTY OF SANTA CRUZ

Filed 6/29/06

IN THE SUPREME COURT OF CALIFORNIA

BIG CREEK LUMBER CO. et al., )

)

Plaintiffs and Appellants, )

) S123659

v. )

) Ct. App. 6 H023778

COUNTY OF SANTA CRUZ et al., )

) Santa Cruz County Super. Ct.

Defendants and Appellants. ) Nos. CV134816 & CV137992

_______________________________________ )

Story continue from Part III …….

Putting these deficits aside, and leaving for another day the question of whether it is appropriate to employ a clear indication rule in disputes involving state preemption of local regulations, there are several problems with the majority's application of this approach here. The majority concludes that the Legislature did not clearly indicate its preemptive intent with regard to zoning because section 4516.5, subdivision (d) does not refer to zoning or other locational restrictions expressly or â€