City of Riverside v. Inland Empire etc. Center 11/9/11 C4/2

State: California

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

Docket No: E052400

Case Date: 01/19/2012

Preview:Filed 11/9/11

CERTIFIED FOR PUBLICATION

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

CITY OF RIVERSIDE, Plaintiff and Respondent, v. INLAND EMPIRE PATIENTS HEALTH AND WELLNESS CENTER, INC. et al., Defendants and Appellants. E052400 (Super.Ct.No. RIC10009872) OPINION

APPEAL from the Superior Court of Riverside County. John D. Molloy, Judge. Affirmed. Law Office of J. David Nick and J. David Nick for Defendants and Appellants. Gregory P. Priamos, City Attorney, Neil Okazaki, Deputy City Attorney; Best Best & Krieger, Jeffrey V. Dunn and Lee Ann Meyer for Plaintiff and Respondent. I INTRODUCTION Defendants and appellants Inland Empire Patients Health and Wellness Center

1

Inc., et al.1 (Inland Empire Center) appeal from a judgment entered in favor of plaintiff and respondent, the City of Riverside (Riverside), after the trial court found that Inland Empire Centers medical marijuana dispensary (MMD)2 constituted a public nuisance per se and issued a preliminary injunction enjoining Inland Empire Center from operating its MMD in Riverside. Inland Empire Center contends Riversides ordinance banning MMDs throughout Riverside is preempted by state law; specifically, the Compassionate Use Act of 1996 (CUA) (Health & Saf. Code,

Download City of Riverside v. Inland Empire etc. Center 11/9/11 C4/2.pdf