Tentative Ruling on City's Request for Preliminary Injunction
City of SD v. Humphrey, Case No. 2016-36513
December 2, 2016, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is an action by the City to shut down a marijuana dispensary which the City believes is not operating in compliance with the City's zoning ordinance. The complaint was filed October 18, 2016. About 2 weeks later, the City filed an ex parte application seeking a TRO and an OSC re preliminary injunction. ROA 9. The court read the moving papers. On November 8, election day, the court heard the application, and noted that a ballot initiative de-criminalizing marijuana was on the ballot that very day. Of this more below.
The City's present ordinance allows marijuana dispensaries within certain zones, with a CUP, and limited to no more than 4 per council district. According to the City, defendants' operation (which is located at 5549 El Cajon Boulevard) fits none of these criteria.
After hearing argumen
Hearing Date
December 01, 2016
Category
Civil - Unlimited
Type
Misc Complaints - Other
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Tentative Ruling on City's Request for Preliminary Injunction
City of SD v. Humphrey, Case No. 2016-36513
December 2, 2016, 1:30 p.m., Dept. 72
1. Overview and Procedural Posture.
This is an action by the City to shut down a marijuana dispensary which the City believes is not operating in compliance with the City's zoning ordinance. The complaint was filed October 18, 2016. About 2 weeks later, the City filed an ex parte application seeking a TRO and an OSC re preliminary injunction. ROA 9. The court read the moving papers. On November 8, election day, the court heard the application, and noted that a ballot initiative de-criminalizing marijuana was on the ballot that very day. Of this more below.
The City's present ordinance allows marijuana dispensaries within certain zones, with a CUP, and limited to no more than 4 per council district. According to the City, defendants' operation (which is located at 5549 El Cajon Boulevard) fits none of these criteria.
After hearing argumen