California Court of Appeal

Preliminary injunction to prevent Measure E, a Kern County ballot measure designed to ban in unincorporated areas of the county the use of agricultural fertilizer made from recycled municipal sewage sludge, from taking effect, was proper, where: 1) plaintiffs were reasonably likely to succeed on two of their contentions that a) Measure E is preempted by the California Integrated Waste Management Act, and b) Measure E conflicted with a state constitutional principle known as the regional welfare doctrine and therefore exceeded defendant Kern County's authority; and 2) in light of the undisputed lack of a showing of hardship to defendant, plaintiffs' showing of a likelihood of success on the merits was more than sufficient.

Appellate Information

• Decided 03/12/2013
• Published 03/12/2013

Judges

• WISEMAN

Court

• California Court of Appeal

Counsel