NURSERY SEEKS OK TO GROW POT IN UPLAND

UPLAND - A medical marijuana nursery has filed a petition for a writ
of mandate against the city after being denied a business license.

Route 66 Nursery filed the complaint on Feb. 4 at the West Valley
Superior Court in Rancho Cucamonga after attempting to apply for a
business license to operate a private plant nursery for qualified
medical marijuana patients.

The city denied the applications because its zoning ordinance does
not allow "medical marijuana dispensaries" to operate.

However, the complaint asserts that the business is not a dispensary,
but rather a private plant nursery where qualified medical marijuana
patients can obtain a plot of land to cultivate their own medical
marijuana, which Route 66 believes is permitted.

Route 66 is asking the city to issue a business tax certificate. It
is asking the court for an injunction preventing the city from
enforcing its ordinance and that the city be required to pay the
nursery's legal costs and damages.

The city has not been served with the filed petition for writ of
mandate, so City Attorney William Curley said he cannot comment on the case.

But, as routine, the city will defend itself against all legal
complaints, Curley said in an e-mail.

"The case should be one where the petitioners are seeking the Court's
instruction to the City to allow the petitioner to operate their
business," Curley wrote. "Based on both past and current case law I
believe the City's existing regulatory laws prohibiting such land
uses to be sound."

The nursery's CEO, Van Ton, applied for a business license with the
city in June, stating the business activity as "plants, flowers,
gardening, supplies and Prop. 215."

The city denied the permit due to its ordinance.

Proposition 215 was approved by voters in 1996 to legalize medical
marijuana. The city's ordinance violates California law, according to
the nursery's complaint.

The nursery appealed the city's denial in July. It applied for a
business tax certificate in August to operate as a private plant
nursery, which was also denied by the city in September.

Route 66 filed for an appeal later that month, which was denied by
the City Council during a special meeting on Nov. 29.

The council adopted a resolution denying the appeal in December.

The council will be apprised of the matter once the case is received
and evaluated, Curley said.

Although Route 66 is a private plant nursery and not a dispensary,
Curley said it will not be treated differently.

"The zone sought to be used is a zone intended for commercial uses,
not private nursery uses," Curley said. "If they seek to make the
nursery a retail commercial use, then that violates the zoning
prohibition. The zoning ordinance regulates all the involved land uses."