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Modification: Ivory Education Institute v. Dept. of Fish & Wildlife

Ruling by

Gary I. Micon

Lower Court

Los Angeles County Superior Court

Lower Court Judge

William F. Fahey

Exception for activities authorized by the federal government under Fish & Game Code Section 2022 not unconstitutionally vague; federal laws, exemptions, or permits can be ascertained with inquiry.





Court

California Courts of Appeal 2DCA/4

Cite as

2018 DJDAR 10745

Published

Nov. 7, 2018

Filing Date

Nov. 5, 2018

Opinion Type

Modification

Disposition Type

Affirmed


IVORY EDUCATION INSTITUTE, etc. et al.,

Plaintiff and Appellant,

v.

STATE OF CALIFORNIA etc. et al.,

Defendants and Respondents,

 

NATURAL RESOURCES DEFENSE COUNCIL, INC. et al.,

Intervenors and Respondents.

 

No. B282558

(Los Angeles County

Super. Ct. No. BC602584)

California Courts of Appeal

Second Appellate District

Division Four

Filed November 5, 2018

 

THE COURT:

 

It is ordered that the opinion filed November 1, 2018, be modified as follows:

The last line of the first paragraph of the opinion shall be deleted and replaced with the following:

"We conclude that the statute is not facially vague and therefore affirm the judgment."

The opinion shall be corrected to indicate WILLHITE, Acting P.J. and COLLINS, J. as the two justices concurring in the opinion.

There is no change in judgment.

 

 

WILLHITE, Acting P.J.

 

MICON, J.*

COLLINS, J.

 

 

 

* Judge of the Los Angeles County Superior Court assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

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