Weld County District Judge James E. Hartmann decided Thursday he will not rule on the Town of Windsor's request for a preliminary injunction against MediGrow until next week.
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Hartmann made that decision after a 2½-hour long opening argument session.
During the opening argumets, Hartmann listened to testimony from Windsor Town Attorney Ian McCargar and MediGrow owner Lazarus Pino's attorney Daniel Taylor of Wheat Ridge.
The injunction request would stop MediGrow from continuing to do business in the town while a final determination of the business' validity is made.
Hartmann said his decision to wait was to give him adequate time to listen to the audiotapes of the Dec. 14 and 16 Windsor Town Board meetings and consider the evidence presented.
"I feel the town has met the merits for a preliminary injunction," McCargar said. "In part, because the town is a Home Rule community and has very broad powers to regulate its own affairs."
MediGrow's argument that it should remain open comes down to equal protection. Taylor argued the business was being treated differently than either of the other two medical marijuana dispensaries operating legally in town, In Harmony Wellness and A New Dawn Wellness Center.
"The town is claiming an irreparable injury is being done by having three dispensaries in town instead of two, yet it continues to receive sales tax from Mr. Pino," Taylor said.
The town's legal battles against MediGrow, 1295 Main St., Unit 1, stem from Pino's decision to keep his business, a medical marijuana dispensary, open in defiance of a town moratorium on medical marijuana dispensaries.
Windsor is fining the business $600 per day, $300 for operating in defiance of the moratorium since Dec. 17 and $300 for being open without proper building permits since Jan. 5.
MediGrow has been issued a total of $59,700 in fines through April 22.
The town and MediGrow are fighting this battle on three different legal fronts.
In the town's municipal court, the town will go to trial on May 19 at 9 a.m. to try and force MediGrow to pay the fines and cease operations.
The Weld County District Court case, which began Thursday, deals with the town's efforts to immediately stop MediGrow from continuing to conduct business.
The third case deals with MediGrow's lack of a building permit.
The building lacks a proper ventilation system, and because of that, Windsor Planning Director Joe Plummer issued a cease-and-desist order on Dec. 31 for the business because it was deemed an unsafe environment.
When Pino ignored the order, notices were hung on the business' door advising him of applicable building code violations and a notice of condemnation.
Pino is appealing that decision at the Windsor Board of Adjustment, which met Thursday at 7 p.m. Results of meeting can be found online at Windsor Beacon - windsorbeacon.com - Windsor, CO.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Windsor Beacon
Author: Ashley Keesis-Wood
Copyright: 2010 The Windsor Beacon
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Hartmann made that decision after a 2½-hour long opening argument session.
During the opening argumets, Hartmann listened to testimony from Windsor Town Attorney Ian McCargar and MediGrow owner Lazarus Pino's attorney Daniel Taylor of Wheat Ridge.
The injunction request would stop MediGrow from continuing to do business in the town while a final determination of the business' validity is made.
Hartmann said his decision to wait was to give him adequate time to listen to the audiotapes of the Dec. 14 and 16 Windsor Town Board meetings and consider the evidence presented.
"I feel the town has met the merits for a preliminary injunction," McCargar said. "In part, because the town is a Home Rule community and has very broad powers to regulate its own affairs."
MediGrow's argument that it should remain open comes down to equal protection. Taylor argued the business was being treated differently than either of the other two medical marijuana dispensaries operating legally in town, In Harmony Wellness and A New Dawn Wellness Center.
"The town is claiming an irreparable injury is being done by having three dispensaries in town instead of two, yet it continues to receive sales tax from Mr. Pino," Taylor said.
The town's legal battles against MediGrow, 1295 Main St., Unit 1, stem from Pino's decision to keep his business, a medical marijuana dispensary, open in defiance of a town moratorium on medical marijuana dispensaries.
Windsor is fining the business $600 per day, $300 for operating in defiance of the moratorium since Dec. 17 and $300 for being open without proper building permits since Jan. 5.
MediGrow has been issued a total of $59,700 in fines through April 22.
The town and MediGrow are fighting this battle on three different legal fronts.
In the town's municipal court, the town will go to trial on May 19 at 9 a.m. to try and force MediGrow to pay the fines and cease operations.
The Weld County District Court case, which began Thursday, deals with the town's efforts to immediately stop MediGrow from continuing to conduct business.
The third case deals with MediGrow's lack of a building permit.
The building lacks a proper ventilation system, and because of that, Windsor Planning Director Joe Plummer issued a cease-and-desist order on Dec. 31 for the business because it was deemed an unsafe environment.
When Pino ignored the order, notices were hung on the business' door advising him of applicable building code violations and a notice of condemnation.
Pino is appealing that decision at the Windsor Board of Adjustment, which met Thursday at 7 p.m. Results of meeting can be found online at Windsor Beacon - windsorbeacon.com - Windsor, CO.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Windsor Beacon
Author: Ashley Keesis-Wood
Copyright: 2010 The Windsor Beacon
