Starkey
Starkey v. County of San Diego
Opinion
Lead Opinion
MEMORANDUM *
Dr. Alameda Starkey and the San Diego-Imperial County Cattlemen’s Association appeal the district court’s denial of their motion for preliminary injunctive relief in an action against the County of San Diego, the San Diego Department of Planning and Land Use (“DPLU”), and two employees of the DPLU in their official capacities (collectively, “the County”), for violations of their rights under the First Amendment of the U.S. Constitution and article I of the California Constitution. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1), and we reverse and remand.
The district court abused its discretion in denying appellants’ request for injunctive relief. “The proper legal standard for preliminary injunctive relief requires a party to demonstrate ‘that he is likely to succeed on the merits, that he is likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his favor, and that an injunction is in the public interest.’ ” Stormans, Inc. v. Selecky, 571 F.3d 960, 978 (9th Cir.2009) (quoting Winter v. NRDC, Inc., — U.S. -, 129 S.Ct. 365, 374 , 172 L.Ed.2d 249 (2008)). Each factor weighs in favor of appellants.