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

State: California

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

Docket No: G043817

Case Date: 05/16/2012

Preview:Filed 2/29/12 City of Lake Forest v. Lake Forest Wellness Center CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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

CITY OF LAKE FOREST, Plaintiff and Respondent, v. LAKE FOREST WELLNESS CENTER AND COLLECTIVE et al., Defendants and Appellants. G043817 (consol. with G043867) (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. Howard|Nassiri, Vincent D. Howard, Damian J. Nassiri, Naveen Madala; and Donna Bader for Defendants and Appellants. Best Best & Krieger, Jeffrey V. Dunn and Lee Ann Meyer for Plaintiff and Respondent. * * *

Lake Forest Wellness Center and Collective and the Independent Collective of Orange County (the dispensaries) appeal from the trial court's order granting a preliminary injunction enjoining their medical marijuana activities in this nuisance abatement proceeding. They contend medical marijuana dispensaries are authorized by Health and Safety Code section 11362.775's endorsement of "collective[]" and "cooperative[]" activities, and, therefore, what the Legislature has authorized, the City of Lake Forest (the City) may not ban. As explained in City of Lake Forest v. Evergreen Holistic Collective (February 29, 2012, G043909) __ Cal.App.4th __ (Evergreen), we agree with the dispensaries' basic contention, albeit with the caveat that the Legislature only authorized dispensaries at sites where medical marijuana is "collectively or cooperatively . . . cultivate[d]" (Health & Saf. Code,

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