California Court of Appeal

In an action challenging a preliminary injunction order prohibiting the county from enforcing certain portions of its ordinances regulating scrap metal dealers, the preliminary injunction is upheld where: 1) trial court did not abuse its discretion in preliminarily enjoining the enforcement of the subject ordinances under relevant standards; and 2) the underlying commercial activities in the challenged ordinances are "matters of statewide concern" which have been preempted by various provisions of state law and leave no room for further regulation at the local level.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• 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.