News (Media Awareness Project) - US CA: City Has Until July 13 To Respond In Pot Lawsuit |
Title: | US CA: City Has Until July 13 To Respond In Pot Lawsuit |
Published On: | 2010-07-09 |
Source: | Dana Point Times (CA) |
Fetched On: | 2010-07-11 15:02:50 |
CITY HAS UNTIL JULY 13 TO RESPOND IN POT LAWSUIT
The City of Dana Point has until Tuesday, July 13 to respond to the
June 28 issuance -- by a 4th District Court of Appeal -- of a
temporary stay halting the city's injunction against the Beach Cities
Collective. The injunction was originally scheduled for June 29 and
was intended to shut down the medical marijuana dispensary where
petitioner, Malinda Traudt's mother fills her marijuana prescription.
The city's opinion is that the collective is operating illegally and
is contrary to zoning laws.
On June 15 the court heard a motion by Traudt's attorney Jeffrey
Schwartz to intervene in the city's case against the Beach Cities
Collective, seeking to close it down. Superior Court Judge William
Monroe denied Traudt's motion to intervene. Schwartz appealed the
ruling seeking a writ from the appellate court to halt proceedings in
this case while the appeal is pending. Schwartz appealed to the
appellate court resulting in the temporary stay.
Also on Tuesday, the Orange County Superior Court is expected to make
a decision regarding whether to throw out Traudt's case against the
city alleging that the city's efforts to close down the dispensary is
unconstitutional because it will prevent access to her medicine. The
city filed a motion to end this suit calling the facts in this case
insufficient to warrant legal action.
On June 15 Orange County Superior Court Judge Nomoto Schumann ruled
that due to previous court rulings, there is no constitutional right
to obtain medical marijuana and further that, a city's right to
regulate and/or ban dispensaries can not be preempted by state law.
Because of this, the judge ruled that Traudt's case be amended and
filed by June 21.
A tentative ruling is expected to be posted online by Monday. Log on
to www.courtinfo.ca.gov and search case number G043831 for more
information.
The City of Dana Point has until Tuesday, July 13 to respond to the
June 28 issuance -- by a 4th District Court of Appeal -- of a
temporary stay halting the city's injunction against the Beach Cities
Collective. The injunction was originally scheduled for June 29 and
was intended to shut down the medical marijuana dispensary where
petitioner, Malinda Traudt's mother fills her marijuana prescription.
The city's opinion is that the collective is operating illegally and
is contrary to zoning laws.
On June 15 the court heard a motion by Traudt's attorney Jeffrey
Schwartz to intervene in the city's case against the Beach Cities
Collective, seeking to close it down. Superior Court Judge William
Monroe denied Traudt's motion to intervene. Schwartz appealed the
ruling seeking a writ from the appellate court to halt proceedings in
this case while the appeal is pending. Schwartz appealed to the
appellate court resulting in the temporary stay.
Also on Tuesday, the Orange County Superior Court is expected to make
a decision regarding whether to throw out Traudt's case against the
city alleging that the city's efforts to close down the dispensary is
unconstitutional because it will prevent access to her medicine. The
city filed a motion to end this suit calling the facts in this case
insufficient to warrant legal action.
On June 15 Orange County Superior Court Judge Nomoto Schumann ruled
that due to previous court rulings, there is no constitutional right
to obtain medical marijuana and further that, a city's right to
regulate and/or ban dispensaries can not be preempted by state law.
Because of this, the judge ruled that Traudt's case be amended and
filed by June 21.
A tentative ruling is expected to be posted online by Monday. Log on
to www.courtinfo.ca.gov and search case number G043831 for more
information.
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