City of Lake Forest v. Evergreen Holistic 2/29/12 CA4/3

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: G043909

Case Date: 05/16/2012

Preview:Filed 2/29/12

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE

CITY OF LAKE FOREST, Plaintiff and Respondent, v. EVERGREEN HOLISTIC COLLECTIVE, Defendant and Appellant. G043909 (Super. Ct. No. 30-2009-00298887) OPINION

Appeal from an order of the Superior Court of Orange County, David R. Chaffee, Judge. Reversed and remanded. D|R Welch Attorneys at Law and David Ryan Welch for Defendant and Appellant. Best Best & Krieger, Jeffrey V. Dunn and Laura A. Dahl for Plaintiff and Respondent.

The trial court granted the City of Lake Forests (the Citys) request in this nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collectives (Evergreens) medical marijuana dispensary based on a citywide ban against dispensaries. The trial court determined the Citys decision not to recognize dispensaries as a permitted property use, and to prohibit unpermitted uses, established a complete ban against the activity. Evergreen contends dispensaries are authorized by Health and Safety Code section 11362.775s endorsement of "collective[]" and "cooperative[]" medical marijuana activities, and, therefore, what the Legislature has authorized, the City may not ban.1 We conclude local governments may not prohibit medical marijuana dispensaries altogether, with the caveat that the Legislature authorized dispensaries only at sites where medical marijuana is "collectively or cooperatively . . . cultivate[d]." (

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