CASE AGAINST WINDSOR MEDICAL MARIJUANA DISPENSARY MOVES TO TRIAL

WINDSOR -- A Windsor Municipal Court Judge ruled Tuesday that
Lazarus Pino's claims against the town of Windsor, which stem from
Pino being cited daily for operating a medical marijuana dispensary
in violation of a moratorium, are not valid.

Judge Michael E. Manning denied Pino's motions to dismiss the
charges March 30th.

But he left it open for Pino to introduce more evidence when the
case goes to court later this month.

Pino presented the motion to dismiss about 100 citations, which
carry a penalty of up to $300 per day, on Feb. 25 in Windsor
Municipal Court based on five claims he said made Windsor's medical
marijuana dispensary moratorium unconstitutional.

On Dec. 16 the Windsor town board passed the emergency ordinance but
left Pino's business, MediGrow off the list of businesses it
exempted from the moratorium.

The town began citing Pino the next day for violating the ordinance.
In addition, he is receiving citations for building code violations,
which also carry fines of up to $300 a day.

Pino's attorney Daniel Taylor of Wheatridge, argued at least four
different violations of local, state and federal laws, including
failure to provide proper notice of a public meeting and enacting an
emergency ordinance where no emergency existed; hampering, by
unreasonable and arbitrary governmental interference, one's right to
engage in a lawful business; equal protection; and retroactive law making.

Manning's decision was clear that the town acted reasonably where
notice of the special meeting and enacting an emergency moratorium
were concerned. He also found that the moratorium itself was
reasonable because of its temporary nature, therefore not blocking
Pino from operating his business permanently.

Under equal protection and retroactive law making, Manning ruled,
Pino did not present enough evidence to allow him to rule.

"The defendant must show that he was a member of the group singled
out for the disparate treatment." Manning wrote. "... Only if he was
in fact open for business for less than five days before the
effective date of the moratorium can he raise the question of the
unconstitutionality of the moratorium on equal protection grounds."

Pino will get the chance to prove his case on April 21, when he is
scheduled to appear in court to defend the charges.