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Ruling
On its motions for summary adjudication the Court finds there is no triable issue of
material fact on the issue of Federal Preemption and that as a matter of law and in
actual fact that the State s extraordinary scheme of requiring permits and then refusing
to issue them whether and or being unable to issue permits for years stands as an
obstacle to the accomplishment of the full purposes and objectives of Congress under
Granite Rock and a de facto ban.
CDW MSA aqainst Kimble PLP and New 49 ers
The CDW motions for summary adjudication as to Kimble PLP and New 49 ers is
denied for reasons discussed above
Prevailing parties to prepare notice and order