The Stan the Man Collective's operations should be up to the Vallejo Planning Commission and City Council -- not the courts, the medical marijuana dispensary's attorney has argued in a recent court filing.
The dispensary is the target of a recent city lawsuit to shut it down. Attorneys are scheduled to appear Thursday before Solano County Superior Court Judge Ramona Garrett to argue the merits of a temporary cease-operations order for the collective.
City Deputy Attorney Alan Cohen argued this month that the dispensary is violating city zoning codes, and is working under a falsified business license.
City officials believe Stan the Man is one of about nine such operations open in the city.
"Through its zoning ordinance, (the city) is attempting to prohibit the (medical marijuana sales) use based on federal law ... (and) such a prohibition violates the power granted to the city by the state of California and is invalid and unenforceable," Stan the Man attorney Scot Candell argued in his briefing, filed Friday.
The city has neither accepted nor denied a January 2010 medical marijuana sales business license application from the collective, and has not revoked an existing 2009 license for sale of "organic natural herbs and vitamins," according to the filing. Without formal action by the city, collective officials are unable to appeal to the planning commission and/or city council, Candell's filing states.
Cohen replied Monday that the city's business license ordinance does not specify how the city can revoke business licenses.
"We have the option of choosing our remedy," Cohen said, noting that the city decided to take the issue to court following informal discussions with Stan the Man's representatives. "Just because you put in an application doesn't mean you can continue to operate. The permit process is to establish the legality of the use, prior to that use going into effect."
Candell also argued that the city's determination of marijuana sales as not conforming to existing city property uses should also be open to appeal.
"(Acting Planning Director) Ms. (Michelle) Hightower's determination, notice of which was not given until the city sought a temporary restraining order, was a sweeping determination ... ," Candell contended.
The collective's representatives filed a $12,438 application to amend the city's zoning code in December to allow marijuana cooperatives in certain commercial districts. That application is pending, said dispensary founder Ken Estes.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Vallejo Times Herald
Author: Jessica A. York
Copyright: 2010 Vallejo Times Herald
The dispensary is the target of a recent city lawsuit to shut it down. Attorneys are scheduled to appear Thursday before Solano County Superior Court Judge Ramona Garrett to argue the merits of a temporary cease-operations order for the collective.
City Deputy Attorney Alan Cohen argued this month that the dispensary is violating city zoning codes, and is working under a falsified business license.
City officials believe Stan the Man is one of about nine such operations open in the city.
"Through its zoning ordinance, (the city) is attempting to prohibit the (medical marijuana sales) use based on federal law ... (and) such a prohibition violates the power granted to the city by the state of California and is invalid and unenforceable," Stan the Man attorney Scot Candell argued in his briefing, filed Friday.
The city has neither accepted nor denied a January 2010 medical marijuana sales business license application from the collective, and has not revoked an existing 2009 license for sale of "organic natural herbs and vitamins," according to the filing. Without formal action by the city, collective officials are unable to appeal to the planning commission and/or city council, Candell's filing states.
Cohen replied Monday that the city's business license ordinance does not specify how the city can revoke business licenses.
"We have the option of choosing our remedy," Cohen said, noting that the city decided to take the issue to court following informal discussions with Stan the Man's representatives. "Just because you put in an application doesn't mean you can continue to operate. The permit process is to establish the legality of the use, prior to that use going into effect."
Candell also argued that the city's determination of marijuana sales as not conforming to existing city property uses should also be open to appeal.
"(Acting Planning Director) Ms. (Michelle) Hightower's determination, notice of which was not given until the city sought a temporary restraining order, was a sweeping determination ... ," Candell contended.
The collective's representatives filed a $12,438 application to amend the city's zoning code in December to allow marijuana cooperatives in certain commercial districts. That application is pending, said dispensary founder Ken Estes.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Vallejo Times Herald
Author: Jessica A. York
Copyright: 2010 Vallejo Times Herald
