Legal Opinion
County of Kern v. T.C.E.F., Inc.
California Court of Appeal
Decided April 5, 2016No. F070813PublishedCited by 30 opinions
1Opinion of the Court
Opinion
FRANSON, J.—
INTRODUCTION
The County of Kern (County) 1 sued defendants to enjoin the operation of a medical marijuana dispensary in an unincorporated area of Kern County. The trial court granted a preliminary injunction. Defendants appealed.
The unusual facts of this case involve the referendum power of county voters to protest a newly adopted ordinance pursuant to Elections Code section 9144. 2 When such a protest petition is received, a county may “entirely repeal the ordinance” pursuant to section 9145 or present the ordinance to the voters at the next election. We interpret the…
2Cases cited31 opinions
- Waller v. Truck Insurance Exchange, Inc.California Supreme Court · 1995
- People v. AshleyCalifornia Supreme Court · 1954
- People Ex Rel. Deparment of Corporations. v. Speedee Oil Change Systems, Inc.California Supreme Court · 1999
- Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
- Haraguchi v. Superior CourtCalifornia Supreme Court · 2008
26 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Esparza v. KS Indus., L.P., California Court of Appeal, 5th District2017
- Husman v. Toyota Motor Credit Corp., California Court of Appeal, 5th District2017
- Russell City Energy Co. v. City of Hayward, California Court of Appeal, 5th District2017
- Banda v. Wash CA5California Court of Appeal · 2020
- Boyd v. J.H. Boyd Enterprises CA5California Court of Appeal · 2020
25 more not listed; retrieve them via the Exa API.