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 II …….

In sum, plaintiffs have not identified a clear statement by the Legislature of an intent, when enacting the FPA, to preempt traditional local zoning authority over the location of timber operations. Accordingly, and for all the foregoing reasons, we conclude, as did the Court of Appeal in Big Creek v. San Mateo, that â€