MARIJUANA DISPENSARY ORDERED TO PAY CITY'S LEGAL FEES

A judge on July 12 ruled in favor of the City of Dana Point ordering
one of the medical marijuana dispensaries -- the city has been
battling in its nearly two-year legal fight -- to pay attorney's fees
in the amount of $138,067.10.

The judge's ruling stated, in part, that "Code of Civil Procedure ' '
1032(b) and 1033.5(a)(10)(B) collectively provide that the prevailing
party in a civil action may recover, as a matter of right, attorney's
fees when authorized by statute."

It also noted that while the amount of hours used by city attorneys
in this case were high, they were necessary and at a rate of $229 per
hour reasonable, "aE&given the collective experience of plaintiff's
counsel, the complexity of the case, and the public benefit generated
by public nuisance actions."

This ruling adds to the $2.4 million Orange County Superior Court
Judge William Monroe ordered the dispensary to pay in March when he
declared the city victorious in its public nuisance lawsuit filed in
an effort to shut the business down.

The Capistrano Beach dispensary, Beach Cities Collective, has been
closed since January when the city, citing building code violations,
had it red-tagged.

Beach Cities Collective has filed an appeal with the 4th District
Court of Appeals.