A Humboldt County Superior Court judge's ruling Tuesday may spell the end for the Hummingbird Healing Center, a medical marijuana dispensary located on Myrtle Avenue just outside of Eureka city limits.
The dispensary opened in Myrtletown last year, but never received a county-issued conditional use permit, arguing that it did not need one to operate in the county's neighborhood commercial zoning. The county disagreed and -- arguing that the center needs a conditional use permit to operate legally -- sued the center, seeking a preliminary injunction that would force the center to close its doors until it procures a permit, or the court finds it does not need one.
Tuesday, after hearing oral arguments in the case July 14, Humboldt County Superior Court Judge Dale Reinholtsen granted the county-sought preliminary injunction, labeling the dispensary a public nuisance.
Hummingbird Healing Center Executive Director Nathan Johns said Reinholtsen's ruling is unfortunate, but that the center will comply fully with the court's order.
"Unfortunately, it means that 1,762 patients are going to be without access (to medical marijuana) in the Eureka area," Johns said. "Today, the court essentially denied safe access, or any access, for the greater Eureka area. It's rather unfortunate, but that's the court ruling so we're going to abide by it to the fullest extent."
Johns said Tuesday afternoon that the center would cease operations as soon as it receives an order stemming from Reinholtsen's ruling.
Deputy County Counsel Davina Smith, who argued the case on behalf of the county, declined to comment on the court's ruling, or what further action the county would be taking, saying through a department administrative assistant that it's a matter of "ongoing litigation."
During oral arguments on the matter, Smith argued that the court should issue the injunction because medical marijuana dispensaries are not a principally permitted use in any zoning designation in Humboldt County, and consequently require a conditional use permit issued by the Humboldt County Planning Commission, as per county code.
Chris Johnson Hamer, representing the Hummingbird Healing Center, argued that the center is, in fact, a principally permitted use.
"At the least, a medical marijuana dispensary is a store," Hamer told the court. "This is a store that sells medical marijuana."
Hamer was not immediately available for comment Tuesday.
County Code Section 314-2.1 outlines the principally permitted uses for a neighborhood commercial zone within the county, the same zoning shared by the Myrtletown shopping center that houses the Hummingbird Healing Center. The code states that principally permitted uses are "stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops ... drug stores ... food markets."
In questioning attorneys, Reinholtsen seemed to hone in on what distinguished medical marijuana dispensaries from other types of stores.
"Why is a store that distributes marijuana legally different than a drug store?" he asked, going on to state that the county code seems vague and questioning whether the code would require a computer store to also get a conditional use permit because it is not specifically listed as a permitted use under the zoning code.
Smith replied that a computer store would, just as a medical marijuana dispensary, have to go through the conditional use permit process.
In his ruling, Reinholtsen agreed, finding that the county's "zoning ordinances are not unconstitutionally vague and, based upon the evidence received, are not being arbitrarily applied." Reinholtsen goes on to state that he did not find that the issuance of a preliminary injunction would result in grave or irreparable harm for the Hummingbird Healing Center.
Johns said Tuesday that it was too early to tell how the dispensary would proceed and whether it would attempt to challenge the court's ruling.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Times-Standard
Author: Thadeus Greenson
Copyright: 2010 The Times-Standard
The dispensary opened in Myrtletown last year, but never received a county-issued conditional use permit, arguing that it did not need one to operate in the county's neighborhood commercial zoning. The county disagreed and -- arguing that the center needs a conditional use permit to operate legally -- sued the center, seeking a preliminary injunction that would force the center to close its doors until it procures a permit, or the court finds it does not need one.
Tuesday, after hearing oral arguments in the case July 14, Humboldt County Superior Court Judge Dale Reinholtsen granted the county-sought preliminary injunction, labeling the dispensary a public nuisance.
Hummingbird Healing Center Executive Director Nathan Johns said Reinholtsen's ruling is unfortunate, but that the center will comply fully with the court's order.
"Unfortunately, it means that 1,762 patients are going to be without access (to medical marijuana) in the Eureka area," Johns said. "Today, the court essentially denied safe access, or any access, for the greater Eureka area. It's rather unfortunate, but that's the court ruling so we're going to abide by it to the fullest extent."
Johns said Tuesday afternoon that the center would cease operations as soon as it receives an order stemming from Reinholtsen's ruling.
Deputy County Counsel Davina Smith, who argued the case on behalf of the county, declined to comment on the court's ruling, or what further action the county would be taking, saying through a department administrative assistant that it's a matter of "ongoing litigation."
During oral arguments on the matter, Smith argued that the court should issue the injunction because medical marijuana dispensaries are not a principally permitted use in any zoning designation in Humboldt County, and consequently require a conditional use permit issued by the Humboldt County Planning Commission, as per county code.
Chris Johnson Hamer, representing the Hummingbird Healing Center, argued that the center is, in fact, a principally permitted use.
"At the least, a medical marijuana dispensary is a store," Hamer told the court. "This is a store that sells medical marijuana."
Hamer was not immediately available for comment Tuesday.
County Code Section 314-2.1 outlines the principally permitted uses for a neighborhood commercial zone within the county, the same zoning shared by the Myrtletown shopping center that houses the Hummingbird Healing Center. The code states that principally permitted uses are "stores, agencies and services of a light commercial character, conducted entirely within an enclosed building, such as antique shops, art galleries, retail bakeries, banks, barber shops ... drug stores ... food markets."
In questioning attorneys, Reinholtsen seemed to hone in on what distinguished medical marijuana dispensaries from other types of stores.
"Why is a store that distributes marijuana legally different than a drug store?" he asked, going on to state that the county code seems vague and questioning whether the code would require a computer store to also get a conditional use permit because it is not specifically listed as a permitted use under the zoning code.
Smith replied that a computer store would, just as a medical marijuana dispensary, have to go through the conditional use permit process.
In his ruling, Reinholtsen agreed, finding that the county's "zoning ordinances are not unconstitutionally vague and, based upon the evidence received, are not being arbitrarily applied." Reinholtsen goes on to state that he did not find that the issuance of a preliminary injunction would result in grave or irreparable harm for the Hummingbird Healing Center.
Johns said Tuesday that it was too early to tell how the dispensary would proceed and whether it would attempt to challenge the court's ruling.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Times-Standard
Author: Thadeus Greenson
Copyright: 2010 The Times-Standard
