Jacob Bell
New Member
A judge has sided with Tulare County officials and ordered a medical marijuana cooperative to shut down its dispensary south of Ivanhoe.
Tulare County Superior Court Judge Paul Vortmann signed the permanent injunction Tuesday against Foothill Growers Association Inc., a cooperative of about 100 people with doctors' recommendations to smoke or ingest marijuana to treat symptoms of health problems.
The county filed for the civil injunction last year, saying the area Foothill Growers leased to operate its dispensary is zoned AE-20 – for agricultural use with a minimum 20 acres – and a medical marijuana ordinance the county Board of Supervisors adopted in 2009 states that marijuana grow sites and dispensaries must be on commercially-zoned land in the unincorporated county.
It also states that grow sites have to be in enclosed buildings, not on open ground.
The defense argued that the building Foothill Growers is using has housed commercial businesses in the past – a dentist's office and a trucking company – and the county hadn't attempted to enforce the zoning rules, so the site should be grandfathered in as a commercial site.
"Although [the county] has not sought enforcement until now, defendant provides no authority to suggest that plaintiff cannot now seek injunctive relief to enforce its zoning ordinance," Vortmann stated in a tentative ruling he issued Monday, a day before the formal ruling.
Hanford attorney Bill Romaine represents Foothill Growers and Jeffrey Nunes Jr., who runs the cooperative and was named a plaintiff in the lawsuit.
Romaine has challenged the county portraying the one-story building on the property as a "dispensary," explaining it is just a place for members to meet and pick up their allotment of the harvested marijuana.
In an interview last year, Romaine said growing medical marijuana is an agricultural practice and should be permitted on the AE-20 land. "This is not a business. This is an agriculture cooperative."
County Counsel Kathleen Bales-Lange said the county hadn't challenged in its lawsuit the issue of the cooperative growing marijuana on the land, but the defense did bring that issue up to the judge in an effort to support its argument.
Vortmann addressed that in his tentative ruling, saying, "In this state, marijuana has never been classified as a crop or horticultural product. It has been and remains a controlled substance."
Bales-Lange informed the county supervisors of the ruling Tuesday at the end of their weekly meeting. She told them that as far as she knew, it was the first court ruling on medical marijuana in California to state the plants aren't agricultural crops.
"It upholds your board's zoning ordinance," she said, adding at the end of her comments, "Thank you for allowing me to do a little bit of bragging."
The Tulare County District Attorney's Office has said it wouldn't seek to criminally prosecute people accused of violating the county ordinance, claiming it violates the state's medical marijuana laws.
County officials still can take civil action to seek cease-and-desist orders on activities that violate the ordinance, as they did with Foothill Growers.
"What the court did was uphold the county ordinance," Supervisor Steve Worthley said after the meeting.
He also noted that the if the city has to take action to abate the activities, the county can charge its cost to the land owner or impose tax liens on the properties.
The property owner would be responsible for those costs, Worthley said, so it's important that owners understand what is being done on the land they lease and the financial risks to them if those activities violate county ordinances.
Vortmann's ruling gives Foothill Growers until noon Friday to cease all activities that violate the county ordinance.
If the group doesn't meet the deadline, the county could take abatement action. Whether that would involve confiscating marijuana in the building or being grown on the property isn't clear.
County Sheriff's deputies usually confiscate and destroy marijuana plants when possible criminal activity is discovered, but Bales-Lange said she would consult with the county Agricultural Commissioner about what to do if plants need to be confiscated.
The matter could become moot if the defense appeals Vortmann's ruling and seeks a stay on the county taking action until that matter is decided. Foothill Growers has not said it is considering such an action.
In the meantime, Bales-Lange told the supervisors that in light of Vortmann's ruling, she planned to prepare requests to seek similar injunctions against other, unspecified medical marijuana growers suspected of violating the county ordinance.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: visaliatimesdelta.com
Author: David Castellon
Contact: Contact Us
Copyright: visaliatimesdelta.com
Website: Judge rules Ivanhoe-area marijuana co-op must shut down
Tulare County Superior Court Judge Paul Vortmann signed the permanent injunction Tuesday against Foothill Growers Association Inc., a cooperative of about 100 people with doctors' recommendations to smoke or ingest marijuana to treat symptoms of health problems.
The county filed for the civil injunction last year, saying the area Foothill Growers leased to operate its dispensary is zoned AE-20 – for agricultural use with a minimum 20 acres – and a medical marijuana ordinance the county Board of Supervisors adopted in 2009 states that marijuana grow sites and dispensaries must be on commercially-zoned land in the unincorporated county.
It also states that grow sites have to be in enclosed buildings, not on open ground.
The defense argued that the building Foothill Growers is using has housed commercial businesses in the past – a dentist's office and a trucking company – and the county hadn't attempted to enforce the zoning rules, so the site should be grandfathered in as a commercial site.
"Although [the county] has not sought enforcement until now, defendant provides no authority to suggest that plaintiff cannot now seek injunctive relief to enforce its zoning ordinance," Vortmann stated in a tentative ruling he issued Monday, a day before the formal ruling.
Hanford attorney Bill Romaine represents Foothill Growers and Jeffrey Nunes Jr., who runs the cooperative and was named a plaintiff in the lawsuit.
Romaine has challenged the county portraying the one-story building on the property as a "dispensary," explaining it is just a place for members to meet and pick up their allotment of the harvested marijuana.
In an interview last year, Romaine said growing medical marijuana is an agricultural practice and should be permitted on the AE-20 land. "This is not a business. This is an agriculture cooperative."
County Counsel Kathleen Bales-Lange said the county hadn't challenged in its lawsuit the issue of the cooperative growing marijuana on the land, but the defense did bring that issue up to the judge in an effort to support its argument.
Vortmann addressed that in his tentative ruling, saying, "In this state, marijuana has never been classified as a crop or horticultural product. It has been and remains a controlled substance."
Bales-Lange informed the county supervisors of the ruling Tuesday at the end of their weekly meeting. She told them that as far as she knew, it was the first court ruling on medical marijuana in California to state the plants aren't agricultural crops.
"It upholds your board's zoning ordinance," she said, adding at the end of her comments, "Thank you for allowing me to do a little bit of bragging."
The Tulare County District Attorney's Office has said it wouldn't seek to criminally prosecute people accused of violating the county ordinance, claiming it violates the state's medical marijuana laws.
County officials still can take civil action to seek cease-and-desist orders on activities that violate the ordinance, as they did with Foothill Growers.
"What the court did was uphold the county ordinance," Supervisor Steve Worthley said after the meeting.
He also noted that the if the city has to take action to abate the activities, the county can charge its cost to the land owner or impose tax liens on the properties.
The property owner would be responsible for those costs, Worthley said, so it's important that owners understand what is being done on the land they lease and the financial risks to them if those activities violate county ordinances.
Vortmann's ruling gives Foothill Growers until noon Friday to cease all activities that violate the county ordinance.
If the group doesn't meet the deadline, the county could take abatement action. Whether that would involve confiscating marijuana in the building or being grown on the property isn't clear.
County Sheriff's deputies usually confiscate and destroy marijuana plants when possible criminal activity is discovered, but Bales-Lange said she would consult with the county Agricultural Commissioner about what to do if plants need to be confiscated.
The matter could become moot if the defense appeals Vortmann's ruling and seeks a stay on the county taking action until that matter is decided. Foothill Growers has not said it is considering such an action.
In the meantime, Bales-Lange told the supervisors that in light of Vortmann's ruling, she planned to prepare requests to seek similar injunctions against other, unspecified medical marijuana growers suspected of violating the county ordinance.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: visaliatimesdelta.com
Author: David Castellon
Contact: Contact Us
Copyright: visaliatimesdelta.com
Website: Judge rules Ivanhoe-area marijuana co-op must shut down
