California Court of Appeal

Preliminary injunction preventing defendant and his medical marijuana dispensary operating within plaintiff city from conducting any further operations is affirmed where: 1) defendant failed to comply with the City's various procedural requirements; 2) the court was presented with substantial evidence that defendant created a nuisance per se; 3) defendant was subject to abatement in accordance with the City's municipal code; and 4) issuance of a preliminary injunction was therefore a proper exercise of the court's discretion.

Appellate Information

• Decided 08/28/2008
• Published 08/28/2008

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Ackerman, Cowles & Lindsley, Richard D. Ackerman, Temecula, Michael W. Sands;  Law Offices of James Anthony and James Anthony, for Defendants and Appellants., Best, Best & Krieger, Jeffrey V. Dunn, Dean Derleth, Los Angeles, and Marc S. Ehrlich, Irvine, for Plaintiff and Respondent.