Tri-Dam

FILED

NOT FOR PUBLICATION

MAY 2 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRI-DAM, Nos. 22-15246 22-15919 Plaintiff-Appellee, D.C. No. 1:20-cv-00408-SKO v.

SCOTT FRAZIER, MEMORANDUM*

Defendant-Appellant.

Appeal from the United States District Court for the Eastern District of California Sheila K. Oberto, Magistrate Judge, Presiding

Argued and Submitted April 14, 2023 San Francisco, California

Before: S.R. THOMAS and H.A. THOMAS, Circuit Judges, and RAKOFF,** District Judge.

Scott Frazier appeals from the district court’s order granting in part Tri-

Dam’s motion for summary judgment, contending that (1) the district court lacked

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

** The Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, sitting by designation. subject-matter jurisdiction, (2) the Calaveras County Municipal Code’s (the

“Code”) delegation of authority to Tri-Dam is unconstitutional,…