In response to an earlier Trial Court order dated November 2 by Orange County Superior Court Judge Glenda Sanders ordering five medical marijuana dispensaries to hand over business records to the City of Dana Point for review and determination of whether they are operating in compliance with applicable state laws, all five dispensaries filed appeals with the 4th District Court of Appeal.
In its Jan. 29 order, the court determined that the appeals were filed from a non-appealable order and gave the dispensaries until Feb. 16 to file a petition for extraordinary writ.
All five have asked for extensions. Two of the five have been granted so far. It is expected that the other will also be granted according to Assistant City Attorney Jennifer Farrell .
The appeals court gave the city an original deadline of Feb. 22 to file a response to the dispensaries' writs. It remains to be seen what the new deadline will be. In the two cases that the extension has been granted, the new date is March 12.
The court's order that the dispensaries file writs instead of appeals is favorable to the city. "The writ process generally leads to a quicker resolution," said Farrell. "The city is pleased with the order and looking forward to resolving this issue as the existing dispensaries are continuing to operate illegally and in violation of zoning laws for as long as this case remains tied up in the system."
Last week the dispensaries–who disagreed with the court order–all filed motions to reinstate their appeals.
Two of these five motions have already been rejected by the court of appeals and it is expected that the remaining three will also be denied.
NewsHawk: Ganjarden: 420 Magazine - Cannabis Culture News & Reviews
Source: Dana Point Times
Author: Andrea Swayne
Contact: Dana Point Times
Copyright: 2010 Dana Point Times
Website: Pot Dispensaries Continue with Effort to Keep Business Records Secret
In its Jan. 29 order, the court determined that the appeals were filed from a non-appealable order and gave the dispensaries until Feb. 16 to file a petition for extraordinary writ.
All five have asked for extensions. Two of the five have been granted so far. It is expected that the other will also be granted according to Assistant City Attorney Jennifer Farrell .
The appeals court gave the city an original deadline of Feb. 22 to file a response to the dispensaries' writs. It remains to be seen what the new deadline will be. In the two cases that the extension has been granted, the new date is March 12.
The court's order that the dispensaries file writs instead of appeals is favorable to the city. "The writ process generally leads to a quicker resolution," said Farrell. "The city is pleased with the order and looking forward to resolving this issue as the existing dispensaries are continuing to operate illegally and in violation of zoning laws for as long as this case remains tied up in the system."
Last week the dispensaries–who disagreed with the court order–all filed motions to reinstate their appeals.
Two of these five motions have already been rejected by the court of appeals and it is expected that the remaining three will also be denied.
NewsHawk: Ganjarden: 420 Magazine - Cannabis Culture News & Reviews
Source: Dana Point Times
Author: Andrea Swayne
Contact: Dana Point Times
Copyright: 2010 Dana Point Times
Website: Pot Dispensaries Continue with Effort to Keep Business Records Secret