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he new date may be aimed at a California Supreme Court decision expected mid-July on whether or not to review a string of appeals by marijuana collectives.
A Los Angeles Superior Court judge on Thursday set July 18 as the next date in court for both the owner and the landlord of an Eagle Rock-based medical marijuana dispensary that LAPD narcotics officers shut down May 2 for alleged illegal activity inconstant with medical marijuana laws.
Superior Court Judge John Wiley, Jr. did not rule on a preliminary injunction sought by the office of the Los Angeles City Attorney against American Eagle Collective, one of the most popular medical marijuana facilities in Northeast L.A., located in a mini mall on the northwest corner of Colorado Boulevard and College View Avenue.
The most likely reason why there was no resolution in the case, however, is that Judge Wiley is waiting for the California Supreme Court to decide whether or not a number of "court of appeal" cases pending before the state's apex court have any impact on the AEC case before him, according to Assistant City Attorney Asha Greenberg.
Of particular importance to the AEC case is an appeal pending before the Supreme Court by Organica, a medical marijuana dispensary in the Los Angeles neighborhood of Venice, which was shut down in 2010, Greenberg said.
Earlier this year, the City Attorney's office successfully won an appeal by Organica against its closure, and the marijuana facility is among a host of others in the state awaiting a review from the Supreme Court, Greenberg explained.
"The Supreme Court hasn't decided yet whether it is taking up the Venice case," Greenberg told Patch, adding that her office has been waiting for months for a decision in the matter, which is expected around mid-July.
The City Attorney's office has filed a total of 39 cases against medical marijuana dispensaries, including three in Eagle Rock, which are pending before Judge Wiley, Greenberg said.
The AEC has been accused of violating City zoning laws. The dispensary's landlord, Penny Botsch, who owns Adams Wilshire Engraving Inc., a printing store directly next doors, has been simultaneously accused in the same case of violating health and safety codes by leasing property to a business that deals in a controlled substance.
If the City Attorney were to be granted a preliminary injunction against AEC, the dispensary would be required to stop operating from the Colorado Boulevard store. But it's a measure of the confusion that exists in cases surrounding medical marijuana facilities that the AEC has in fact not been operating from Unit B of the mini mall located on 2501 Colorado Blvd. since it was shut down May 2.
This past Wednesday, however, the storefront came alive once again as a facility calling itself "Together For Change" opened shop on the same location. When Patch inquired of a male employee inside if the new dispensary is connected to AEC in any way, it was told that the new operation was under a different owner and management.
"It's a Change the neighbors can't believe in," Greenberg told Patch, tongue-in-cheek. "Sometimes we see this tactic–to avoid liability, a dispensary under scrutiny transfers to a straw owner," she said, adding: "It's possible that the tenant [AEC] could have sub-leased [the store] to a different tenant."
The Los Angeles County District Attorney's office, which ordered the LAPD to shut down AEC on May 2, has yet to take any action about the renewed activity in the briefly dormant store.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: patch.com
Author: Ajay Singh
Contact: Contact Us - Eagle Rock, CA Patch
Website: Judge Defers Hearing in Medical Marijuana Case to July 18 - Eagle Rock, CA Patch
A Los Angeles Superior Court judge on Thursday set July 18 as the next date in court for both the owner and the landlord of an Eagle Rock-based medical marijuana dispensary that LAPD narcotics officers shut down May 2 for alleged illegal activity inconstant with medical marijuana laws.
Superior Court Judge John Wiley, Jr. did not rule on a preliminary injunction sought by the office of the Los Angeles City Attorney against American Eagle Collective, one of the most popular medical marijuana facilities in Northeast L.A., located in a mini mall on the northwest corner of Colorado Boulevard and College View Avenue.
The most likely reason why there was no resolution in the case, however, is that Judge Wiley is waiting for the California Supreme Court to decide whether or not a number of "court of appeal" cases pending before the state's apex court have any impact on the AEC case before him, according to Assistant City Attorney Asha Greenberg.
Of particular importance to the AEC case is an appeal pending before the Supreme Court by Organica, a medical marijuana dispensary in the Los Angeles neighborhood of Venice, which was shut down in 2010, Greenberg said.
Earlier this year, the City Attorney's office successfully won an appeal by Organica against its closure, and the marijuana facility is among a host of others in the state awaiting a review from the Supreme Court, Greenberg explained.
"The Supreme Court hasn't decided yet whether it is taking up the Venice case," Greenberg told Patch, adding that her office has been waiting for months for a decision in the matter, which is expected around mid-July.
The City Attorney's office has filed a total of 39 cases against medical marijuana dispensaries, including three in Eagle Rock, which are pending before Judge Wiley, Greenberg said.
The AEC has been accused of violating City zoning laws. The dispensary's landlord, Penny Botsch, who owns Adams Wilshire Engraving Inc., a printing store directly next doors, has been simultaneously accused in the same case of violating health and safety codes by leasing property to a business that deals in a controlled substance.
If the City Attorney were to be granted a preliminary injunction against AEC, the dispensary would be required to stop operating from the Colorado Boulevard store. But it's a measure of the confusion that exists in cases surrounding medical marijuana facilities that the AEC has in fact not been operating from Unit B of the mini mall located on 2501 Colorado Blvd. since it was shut down May 2.
This past Wednesday, however, the storefront came alive once again as a facility calling itself "Together For Change" opened shop on the same location. When Patch inquired of a male employee inside if the new dispensary is connected to AEC in any way, it was told that the new operation was under a different owner and management.
"It's a Change the neighbors can't believe in," Greenberg told Patch, tongue-in-cheek. "Sometimes we see this tactic–to avoid liability, a dispensary under scrutiny transfers to a straw owner," she said, adding: "It's possible that the tenant [AEC] could have sub-leased [the store] to a different tenant."
The Los Angeles County District Attorney's office, which ordered the LAPD to shut down AEC on May 2, has yet to take any action about the renewed activity in the briefly dormant store.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: patch.com
Author: Ajay Singh
Contact: Contact Us - Eagle Rock, CA Patch
Website: Judge Defers Hearing in Medical Marijuana Case to July 18 - Eagle Rock, CA Patch
