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Judge Closes MediGrow

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Nug of the Month: Aug 2008
Weld County District Court Judge James E. Hartmann issued a preliminary injunction against MediGrow on Wednesday.

MediGrow is a local medical marijuana dispensary located at 1292 Main St., Unit 1.

The injunction requires MediGrow owner Lazarus Pino to immediately cease operations.

"Mr. Pino did receive a copy of the injunction order delivered by a Windsor Police officer," Windsor Town Attorney Ian McCargar said.

MediGrow appears to be in compliance with the injunction. Its front door was shut with a sign on it Thursday saying it was temporarily closed.

Going forward, the town will not take any action against Pino's business unless ordered to do so by the court, McCargar said.

The injunction will remain in effect through the Weld County District Court trial, scheduled to begin at 9 a.m. May 24 in Greeley.

If, at the end of the trial, the judge rules MediGrow should remain closed, the preliminary injunction will dissolve and a permanent one will replace it.

Usually, McCargar said, in the case of a preliminary injunction, the defendant will not take the complaint to trial.

"The preliminary injunction often spells the end of the issue and we would, in that case, sit down with Mr. Pino and his lawyer to work out an agreement," McCargar said.

However, even if the Weld County District Court case is dropped, the town and MediGrow will still have to resolve a Windsor Municipal Court case. That case is scheduled to go to trial May 19.

The town's legal battles against MediGrow stem from Pino's decision to keep his business open in defiance of a town moratorium on medical marijuana dispensaries.

Windsor has been fining the business $600 per day, $300 for operating in defiance of the moratorium since Dec. 17 and $300 for being open without proper building permits since Jan. 5.

MediGrow has been issued a total of $62,700 in fines through April 29.

The fight between the town and MediGrow had three fronts to it originally. In addition to the municipal and district court battles, MediGrow had filed an appeal with the Windsor Board of Appeals to overturn a condemnation order issued by Windsor Director of Planning Joe Plummer, declaring the business unfit for human occupancy due to building code violations.

The Board of Appeals upheld Plummer's decision on April 22.

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Source: The Windsor Beacon
Contact: The Windsor Beacon
Copyright: 2010 The Windsor Beacon
Website: Judge closes MediGrow