Herzberg

Upset because their neighbor’s cattle come onto their property, eating the vegetation, defecating, and trampling the ground and sensitive creek beds, plaintiffs sued their neighbors (the Wemples), the County of Plumas, and the Board of Supervisors of the County of Plumas (County) for trespass, nuisance, injunctive relief, taxpayer relief, declaratory relief, inverse condemnation, violation of civil rights and preemption by state law. Only plaintiffs’ action against the County is at issue in this appeal. On appeal plaintiffs claim the trial court erred in entering judgment in favor of the County after sustaining the County’s demurrer to each of the six causes of action alleged against the County without leave to amend. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On March 2, 1982, the Board of Supervisors of Plumas County adopted ordinance No. 82-490, amending title 9 of the Plumas County Municipal Code by adding chapter 6 regarding open range lands (the ordinance). The ordinance created two areas of open range land, the Bucks Lake Area Open Range and the Last Chance Creek Open Range. (Plumas County Mun. Code, § 9-6.05.) Pursuant to its authority under…