Legal Opinion
Baldwin v. County of Tehama
California Court of Appeal
Decided December 28, 1994No. Docket Nos. C017285, C017301PublishedCited by 27 opinions
1Opinion of the Court
Opinion
BLEASE, Acting P. J.
This case tenders the question whether a county is precluded from the regulation of groundwater because state law has preempted the field. We will conclude that state law, while regulating aspects of groundwater, does not wholly preclude county regulation.
The defendant County of Tehama (Tehama) appeals from a judgment declaring invalid an ordinance by which it regulates the pumping practices and uses of groundwater based upon the finding that the Water Code 1 wholly preempts the field of groundwater regulation.
The plaintiffs, landowners in Tehama who are subject to…
2Cases cited18 opinions
- Morehart v. County of Santa BarbaraCalifornia Supreme Court · 1994
- Fisher v. City of BerkeleyCalifornia Supreme Court · 1984
- Ex Parte DanielsCalifornia Supreme Court · 1920
- In Re HubbardCalifornia Supreme Court · 1964
- Cohen v. Board of SupervisorsCalifornia Supreme Court · 1985
13 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Fireman's Fund Insurance Company, a California Corporation v. City of Lodi, California, Jack Sieglock, in His Capacity as Mayor of the City of Lodi Richard Prima, Jr., in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650 Randall A. Hays, Individually and in His Capacity as Lodi City Attorney Michael C. Donovan, Individually and in His Capacity as Lodi Assistant City Attorney Adam L. Babich, Individually and in His Capacity as Lodi Assistant City Attorney Steven H. Doto, Individually and in His Capacity as Lodi Assistant City Attorney Bret A. Stone, Individually and in His Capacity as Lodi Assistant City Attorney John R. Till, Individually and in His Capacity as Lodi Assistant City Attorney Zevnik, Horton, Guibord and McGovern Llp, Individually and in Their Capacity as Lodi Assistant City Attorneys Fran E. Forkas, in His Capacity as Enforcing Officer of Lodi Ordinance No. 1650, Unigard Insurance Company, a Washington Corporation Unigard Security Insurance Company, a Washington Corporation v. City of LodiCourt of Appeals for the Ninth Circuit · 2002
- Planning and Conservation League v. Department of Water ResourcesCalifornia Court of Appeal · 2000
- O'CONNELL v. City of StocktonCalifornia Supreme Court · 2007
- Allegretti & Co. v. County of ImperialCalifornia Court of Appeal · 2006
- Central & West Basin Water Replenishment District v. Southern California Water Co.California Court of Appeal · 2003
22 more not listed; retrieve them via the Exa API.