California Court of Appeal

A county's petition for a writ of mandate seeking to compel a trial court to vacate and set aside portions of its orders, related to a county ordinance governing zoning of medical cannabis dispensaries, is granted as the medical marijuana dispensaries' claims were based on a facial challenge to the ordinance, and to be timely, such a challenge had to have been brought within 90 days of the ordinance's effective date. Here, the limitations period for facial challenges expired long before the plaintiffs' brought suit, and as such, the suit was time barred and should have been dismissed as untimely.

Appellate Information

• Decided 12/15/2010
• Published 12/15/2010

Judges

• Jones

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Steven M Woodside