Guillemin

*39 MEMORANDUM *

Richard Guillemin appeals the grant of summary judgment in favor of defendants Dan Seider, Ray Waller and the County of Calaveras (“the County”). We affirm.

Guillemin has standing to bring this lawsuit because, by virtue of his purchase agreement with William Wilson, Guillemin was the equitable owner of the Sheep Ranch Property during the relevant time period. See In re Reid’s Estate, 26 Cal.App.2d 362 , 79 P.2d 451, 455-56 (Cal.1938). The record does not reflect that he was in breach of this agreement, and defendants do not have standing to raise a statute of frauds challenge. Sauget v. Villagomez, 228 F.2d 374, 376 (9th Cir.1955).

We reject Guillemin’s contention that the County regulations at issue are preempted by section 43 of the Federal Mining Act. Section 43 does not explicitly prohibit states from enacting rules and conditions other than those related to “easements, drainage and other necessary means to ... complete development,” 30 U.S.C. § 43 , and County Code provisions 17.56.030 and 17.04.050 (which has since been repealed and incorporated into Chapter 17.56) are not in conflict with any other provision of the Federal Mining Act. Because the County…