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FRIENDS OF OCEANO DUNES, INC. v. SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT

2d Civil No. B248814.

FRIENDS OF OCEANO DUNES, INC., Plaintiff and Appellant, v. SAN LUIS OBISPO COUNTY AIR POLLUTION CONTROL DISTRICT et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Six.

April 23, 2015.

Attorney(s) appearing for the Case

Thomas D. Roth for Plaintiff and Appellant.

Adamski, Moroski, Madden, Raymond A. Biering and Jeffrey A. Minnery for Defendants and Respondents.

Michael C. Ghizzoni , County Counsel, and William M. Dillon , Senior Deputy, for Amicus Curiae Santa Barbara County Air Pollution Control District on behalf of Defendants and Respondents.

Babal Nafici for Amicus Curiae Sierra Club on behalf of Defendant and Respondent San Luis Obispo County Air Pollution Control District.

CERTIFIED FOR PUBLICATION

MODIFICATION OF OPINION AND DENIAL OF REHEARING

No Change in Judgment

THE COURT:

It is ordered that the opinion filed herein on April 6, 2015, be modified as follows:

1. On page 3 of the first full paragraph delete the words "regulate the operation of" appearing at the end of the first sentence and insert the words "require a permit for." The sentence will then read: At issue is whether District is statutorily...

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