California Court of Appeal

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City of Lake Forest v. Evergreen Holistic Collective, G043909

In a nuisance abatement proceeding for a preliminary injunction shutting down a medical marijuana dispensary based on a citywide ban against dispensaries, the trial court's grant of the preliminary injunction is reversed, where: 1) the legislature determined the activities it authorized at collective or cooperative cultivation sites, including a dispensary function, do not constitute a nuisance; and 2) the city's total ban, on the grounds that dispensaries constituted a per se nuisance, directly contradicted state law, so it was preempted and furnished no valid basis for the preliminary injunction.

Appellate Information

  • Decided 02/29/2012
  • Published 02/29/2012

Judges

  • Aronson

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • David Ryan Welch, Best Best & Krieger