DEER LODGE RESIDENTS FILE LEGAL PAPERS TO STOP MARIJUANA GROWERS

DEER LODGE - Papers have been filed in Deer Lodge district court by 22
Deer Lodge residents to stop operation of a medical marijuana
production center.

Named as defendants are Gary Chilcott, Brian Chilcott, Talyn Lang and
Zoo Mountain Natural Care, Inc. Also named is the City of Deer Lodge.

District Judge Loren Tucker of Dillon will conduct a hearing on the
request Oct. 8.

The applicants want the city to enforce its ordinances to stop
commercial medical marijuana production within the city, such as what
is being conducted by Zoo Mountain Natural Care, Inc.

The papers are filed as a writ of mandamus, which orders a public
official or body to perform a specified duty.

In court records, the residents allege Zoo Mountain owners operate a
medical marijuana plantation with more than six plants and more than
one ounce of harvested marijuana at any one time for their own use.

Zoo Mountain owners claim to be licensed caregivers in Deer Lodge
under the Montana Medical Marijuana Act.

The complaint states city officials documented 50 to 350 plants during
an inspection of the facility, but there could be as many as 1,650
plants under production.

The residents note the city requires businesses such as Zoo Mountain
to have a license before conducting any commercial operation. They
contend that Zoo Mountain owners started the business before receipt
of a license, and thus were operating unlawfully before Ordinance 130
became effective on April 9, 2010. The business license was rescinded
by the city and then reissued.

Emergency Ordinance 130 put a 90-day moratorium on any new marijuana
businesses until public meetings could be held and regulations
established. It also prohibits any medical marijuana business from
being located within 1,000 feet of a church, school or youth
recreational area.

Several of the plaintiffs are members of the Church of Jesus Christ of
Latter-day Saints, which is located within 1,000 feet of Zoo Mountain.

On June 10, the city council adopted Ordinance 136 that imposed a
six-month moratorium banning new medical marijuana operations within
the city limits, and prohibits current operations from expanding the
number of patients and distributing or growing medical marijuana.

The ordinance gives city leaders time to further study the issue and
adopt appropriate ordinances and zoning regulations; it can be
extended for one year.

The residents argue they are entitled to the benefits of Ordinances
130 and 136. Only the city of Deer Lodge may restrain the unlawful
operation through enforcement of the ordinances, which the residents
say hasn't been done.

So, the residents have no other remedy than to file a writ of
mandamus.

The applicants are: Sherman and Bonnie Anderson, John and Charlotte
Molendyke, Jason and Quinn Jones, Mark and Mary Hathaway, Emery D.
Weston, Dallis and Maggie Hunter, Rev. David and Jana Baker, Charlie
and Nancy Sedminik, Stanley C. Sworder, Dr. Dustin and Kelly Rubink,
Michael and Camellia Naseath and Dr. Douglas and Tiffany McLaws.