Marin General Services Auth. v. Novato Taxi
Local governments must regulate privately operated taxicab companies to protect public safety. (Govt. Code, § 53075.5)[1] The Marin General Services Authority (MGSA) administers a variety of county-wide programs in Marin County, including regulation and permitting of taxicabs. MGSA regulations require taxicab companies to report the results of state-required periodic screening tests of drivers for drugs and alcohol as a condition of permitting. Novato Taxi and its owner, Dan Carlson (collectively, appellants), maintained that the reporting requirement conflicted with, and was preempted by, section 53075.5, subdivision (b)(3)(A)(iv), and refused to comply.
MGSA and the City of Novato (collectively, respondents) obtained an order enjoining appellants from operating a taxicab business without the required permits. Rather than appeal from the order granting a preliminary injunction, appellants unsuccessfully filed a motion to dissolve it. On appeal from the order denying the motion to dissolve, appellants argue that the trial court misconstrued section 53075.5. Because this argument should have been raised in an appeal from the order granting the preliminary injunction and the time to file such an appeal has long since passed, we must dismiss the appeal.
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