Judge upholds Anderson zoning ban on medical marijuana collectives

Sets Dec. 18 trial for The Green Heart collective's lawsuit to overturn zoning law

George L. Winship, Editor

A Shasta County Superior Court judge upheld Thursday, July 19, the City of Anderson’s 2011 zoning ban on medical marijuana collectives and set a Dec. 18 trial for a lawsuit filed against the city by owners of The Green Heart, a compassionate use collective operating in Anderson since 2009.

Redlands, Calif.,-based attorney James DeAguilera, arguing by telephone conference call on behalf of the collective’s owners Gina and Joe Munday of Anderson, sought to modify or dissolve the city’s preliminary injunction halting sales of medical marijuana at the collective based on recent changes in California law.

Department 3 Judge Stephen H. Baker agreed with DeAquilera that his original decision granting the city’s injunction was, in part, based on a 2011 court decision made in the City of Riverside v. Inland Empire Patient’s Health and Wellness Center, a case that DeAguilera pointed out again Thursday was later appealed and set for review later this year by the California Supreme Court.

However, Baker said he also agreed with Anderson’s attorney Daniel S. Roberts, a partner of Best Best & Krieger LLP’s office in Irvine, who contended the mere fact a review had been granted in that case did not constitute a change in state law.

In Judge Baker’s tentative ruling, also declared his final ruling at the end of the 30-minute hearing, Baker declared, “(t)he law has not been changed” and denied DeAguilera’s motion on that basis.

In setting a date for trial, Baker did take into account that two newer and apparently contradictory District 2 Court of Appeals decisions – County of Los Angeles v. Alternative Medicinal Cannabis Collective published July 2 and 420 Caregivers LLC v. City of Los Angeles published July 3 – did “illustrate the changing landscape of the law” and, after some negotiations, chose Dec. 18 for a trial in the Munday’s lawsuit seeking at least $25,000 in damages and overturning or amending the city’s zoning ordinance to allow their medical marijuana collective to continue operating.

Judge Baker also set mandatory settlement conference for Nov. 5, in case either of the two parties desire an out-of-court agreement on the matter.

© 2012 Anderson Valley Post. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Comments » 3

CatLover writes:

Change comes so hard to the older generation. Probably the same crowd that objects to breast feeding in public.

bigkahunta writes:

Up until day before yesterday, the collective was open just about every day and quite a few people in and out so if they were closed as Mrs. Munday said, it sure did not look like it. Will be glad to see all of this settled on way or another or will it ever be? And some days, she was even open on Sat and Sun!

bigkahunta writes:

Mrs Munday has had the collective open just about every week day and a few Saturdays and Sundays up until day before yesterday the 19th. And, there were people in and out of there so if it was closed, why were the shades up, cars out front and people coming and going? I don't think she is being truthful and the city certainly is not enforcing the ordinance.

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