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An arbiter ruled against a marijuana dispensary in Tracy, which has until Feb. 9 to close down.
San Joaquin County's only medicinal marijuana store has been given until Feb. 9 to clear out of Tracy's downtown.
An arbiter has ruled the sale of pot there is illegal because it is not listed in the city's zoning rules. The club is mulling an appeal.
Arbiter Jeanne Schechter, Merced's chief deputy city attorney, wrote in a decision signed Friday that the Valley Wellness Center Collective's sale of marijuana in Tracy is a public nuisance because it "does not fall within any unconditionally permitted uses within the CBD Zone."
Valley Wellness attorney James Anthony, who described the verdict as "not legally well-reasoned," said Tuesday he expected his client to decide this week whether he would appeal the decision to Stockton Superior Court.
During a Jan. 4 appeal hearing against a Nov. 22 abatement order issued by the city, Anthony warned that he might appeal against a city attorney acting as an arbiter in the dispute.
"It strikes me as a little bit curious, and I just wonder if the courts might find that it gives just a little too much of an impression of bias," Anthony said.
City spokesman Matt Robinson said Tuesday, "We feel like we have a solid leg to stand on" if Valley Wellness appeals.
Robinson said Valley Wellness faces fines for every day it has stayed open since late November.
Source: Tracy Press
Copyright: 2007 Tracy Press
Contact: Golden State Newspapers
Website: Golden State Newspapers
San Joaquin County's only medicinal marijuana store has been given until Feb. 9 to clear out of Tracy's downtown.
An arbiter has ruled the sale of pot there is illegal because it is not listed in the city's zoning rules. The club is mulling an appeal.
Arbiter Jeanne Schechter, Merced's chief deputy city attorney, wrote in a decision signed Friday that the Valley Wellness Center Collective's sale of marijuana in Tracy is a public nuisance because it "does not fall within any unconditionally permitted uses within the CBD Zone."
Valley Wellness attorney James Anthony, who described the verdict as "not legally well-reasoned," said Tuesday he expected his client to decide this week whether he would appeal the decision to Stockton Superior Court.
During a Jan. 4 appeal hearing against a Nov. 22 abatement order issued by the city, Anthony warned that he might appeal against a city attorney acting as an arbiter in the dispute.
"It strikes me as a little bit curious, and I just wonder if the courts might find that it gives just a little too much of an impression of bias," Anthony said.
City spokesman Matt Robinson said Tuesday, "We feel like we have a solid leg to stand on" if Valley Wellness appeals.
Robinson said Valley Wellness faces fines for every day it has stayed open since late November.
Source: Tracy Press
Copyright: 2007 Tracy Press
Contact: Golden State Newspapers
Website: Golden State Newspapers
