California Court of Appeal

Summary judgment for plaintiff-city that included a permanent injunction a prohibiting defendants from operating a medical marijuana dispensary as long as there was a citywide moratorium prohibiting such an operation, is affirmed, where: 1) the controversy is moot because the permanent injunction entered against defendants expired, and defendants vacated the property where they operated the dispensary; 2) the use of property in the City as a dispensary was an impermissible use under the pre-moratorium City Code and defendants' operation of a dispensary therefore constituted a public nuisance per se; and 3) because defendants acquired no vested right to operate their illegal dispensary, the trial court properly found that defendants' continued post-moratorium operation of its dispensary was a public nuisance per se.

Appellate Information

• Decided 04/26/2013
• Published 04/26/2013

Judges

• MARQUEZ

Court

• California Court of Appeal

Counsel