News (Media Awareness Project) - US CA: Wildomar Marijuana Dispensary Will Stay Open, For Now |
Title: | US CA: Wildomar Marijuana Dispensary Will Stay Open, For Now |
Published On: | 2010-12-07 |
Source: | Press-Enterprise (Riverside, CA) |
Fetched On: | 2011-03-09 18:40:55 |
WILDOMAR MARIJUANA DISPENSARY WILL STAY OPEN, FOR NOW
A judge on Monday denied Wildomar's attempt to shut down a storefront
medical marijuana collective operating despite the city's ban on dispensaries.
Riverside County Superior Court Judge Mark E. Johnson denied the
city's request for a temporary restraining order. The order would
have closed the facility while a judge decides whether the city has
the right to ban dispensaries.
Wildomar Patients Compassionate Group opened a dispensary last week
in a building on Mission Trail. The group has sued Wildomar to stay
open, arguing the ban contradicts state laws that protect safe access
to medical marijuana.
Both sides will be back in court Dec. 20.
The collective's attorney, J. David Nick, said the court's decision
showed the law favored his client.
"I have absolutely no doubt in my mind that these total bans are
illegal and that the courts are not going to allow them," Nick said.
Wildomar has prohibited dispensaries since it became a city in 2008.
In September, the City Council voted 3-1 against an ordinance that
would have allowed them.
City Manager Frank Oviedo said he wasn't surprised Wildomar failed to
get the restraining order. The legal bar -- proving the city would
have suffered irreparable damage if the dispensary remained open --
was too high, he said.
The collective's request to immediately halt the city's ban was also
denied, Oviedo said.
A judge on Monday denied Wildomar's attempt to shut down a storefront
medical marijuana collective operating despite the city's ban on dispensaries.
Riverside County Superior Court Judge Mark E. Johnson denied the
city's request for a temporary restraining order. The order would
have closed the facility while a judge decides whether the city has
the right to ban dispensaries.
Wildomar Patients Compassionate Group opened a dispensary last week
in a building on Mission Trail. The group has sued Wildomar to stay
open, arguing the ban contradicts state laws that protect safe access
to medical marijuana.
Both sides will be back in court Dec. 20.
The collective's attorney, J. David Nick, said the court's decision
showed the law favored his client.
"I have absolutely no doubt in my mind that these total bans are
illegal and that the courts are not going to allow them," Nick said.
Wildomar has prohibited dispensaries since it became a city in 2008.
In September, the City Council voted 3-1 against an ordinance that
would have allowed them.
City Manager Frank Oviedo said he wasn't surprised Wildomar failed to
get the restraining order. The legal bar -- proving the city would
have suffered irreparable damage if the dispensary remained open --
was too high, he said.
The collective's request to immediately halt the city's ban was also
denied, Oviedo said.
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