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A medical marijuana dispensary being sued by the city of Rancho Mirage is apparently clear to reopen after a Riverside County Superior Court judge denied a preliminary injunction sought to keep it closed during litigation.
The first minute entry posted on the court's website in the case today said Judge John Evans had issued the preliminary injunction, but an update discovered late in the day by dispensary attorney Joseph Rhea said the preliminary injunction had been denied and a temporary restraining order lifted.
Rhea said Rancho Mirage Safe Access Wellness Center could reopen as early as Thursday. "The medical marijuana ban in Rancho Mirage is over," he said.
City Attorney Steve Quintanilla had not heard about the update when first contacted by The Desert Sun. "This is amazing. I can't believe it," he said.
In an email statement a short time later, he said, "There is no mention of the inconsistency between the two like the last time the court made a mistake. We will have to find out for sure tomorrow."
The dispensary opened in June at 72-067 Highway 111.
Both minute orders posted today give 90 days for the dispensary to correct any deficiencies found in the building by Rancho Mirage code inspectors "except as it relates to a certificate of occupancy or a business license."
The city's case hinges on the dispensary opening and operating without either of those permits.
The defense claims the city never intended to issue the permits to Safe Access, rendering its enforcement of those requirements invalid.
Rancho MIrage's complaint against the dispensary also cites the city's ban of all medical marijuana dispensaries, but the ordinance was thrown out by a county judge in relation to a different lawsuit. That decision is under appeal by the city.
The next hearings scheduled are a non-proof of service hearing Sept. 13, and a case management conference Jan. 7, 2013.
Cities and counties around the state are awaiting a decision from the state Supreme Court on whether they can ban dispensaries outright, after a string of contradictory rulings from the county and appeals courts.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mydesert.com
Author: Blake Herzog
Contact: Feedback | The Desert Sun | mydesert.com
Website: The Desert Sun | Palm Springs and Coachella Valley news
The first minute entry posted on the court's website in the case today said Judge John Evans had issued the preliminary injunction, but an update discovered late in the day by dispensary attorney Joseph Rhea said the preliminary injunction had been denied and a temporary restraining order lifted.
Rhea said Rancho Mirage Safe Access Wellness Center could reopen as early as Thursday. "The medical marijuana ban in Rancho Mirage is over," he said.
City Attorney Steve Quintanilla had not heard about the update when first contacted by The Desert Sun. "This is amazing. I can't believe it," he said.
In an email statement a short time later, he said, "There is no mention of the inconsistency between the two like the last time the court made a mistake. We will have to find out for sure tomorrow."
The dispensary opened in June at 72-067 Highway 111.
Both minute orders posted today give 90 days for the dispensary to correct any deficiencies found in the building by Rancho Mirage code inspectors "except as it relates to a certificate of occupancy or a business license."
The city's case hinges on the dispensary opening and operating without either of those permits.
The defense claims the city never intended to issue the permits to Safe Access, rendering its enforcement of those requirements invalid.
Rancho MIrage's complaint against the dispensary also cites the city's ban of all medical marijuana dispensaries, but the ordinance was thrown out by a county judge in relation to a different lawsuit. That decision is under appeal by the city.
The next hearings scheduled are a non-proof of service hearing Sept. 13, and a case management conference Jan. 7, 2013.
Cities and counties around the state are awaiting a decision from the state Supreme Court on whether they can ban dispensaries outright, after a string of contradictory rulings from the county and appeals courts.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mydesert.com
Author: Blake Herzog
Contact: Feedback | The Desert Sun | mydesert.com
Website: The Desert Sun | Palm Springs and Coachella Valley news
