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A lawsuit filed against Shasta County earlier this year in Superior Court by a medical marijuana collective in Burney shuttered by the countys pot shop ban has moved to federal court.
And the Irvine-based attorney representing the county Board of Supervisors and others named as defendants in the lawsuit has already filed a motion seeking to have it dismissed.
That motion, which claims the lawsuit fails to state any claims for relief against the defendants, is scheduled to be considered April 17 in U.S. District Court in Sacramento.
Redding attorney Michael A. Scheibli, who represents Christopher Dale Staffin and the Medicine Man Collective Spiritual Center Corp., said Friday he believes the county moved the suit to federal court to "prejudice the case" against his client.
But he was not surprised.
"I would have done the same thing," he said.
Jeffrey V. Dunn, who represents the county, said U.S. District Court was a more appropriate venue based on the federal nature of the case.
The lawsuit, which specifically names the county, its board of supervisors, Sheriff Tom Bosenko and three sheriff's deputies and detectives as defendants, was filed Superior Court Jan. 7 and moved to federal court on Feb. 14.
In his lawsuit, Staffin claims, among other allegations, that the county conspired to deprive him and the corporation of their contractual, constitutional and state rights by enacting the pot shop ban with the intent to run the collective out of business.
The Burney collective was the only one in the unincorporated county areas when the ban was approved.
The suit also alleges county law enforcement officials maliciously and oppressively harassed Staffin with indifference to his rights.
Although the lawsuit does not specify a damage amount, Staffin has said the county's ban on pot shops would have robbed the collective of about $17.2 million by this year and that his lawsuit would seek that amount.
The collective closed its Main Street doors in May 2011 after being evicted following implementation of the pot shop ban in 2010 and its finalization the following year.
Meanwhile, Shasta County supervisors decided earlier this month they won't form an advisory committee to consider revamping the county's medical marijuana rules or enact rules to bar outdoor growing.
The county's first growth ordinance was adopted in 2011 and limited indoor grows to detached, nonresidential structures while capping outdoor grows at between 60 and 360 square feet based on parcel size.
In January county department heads recommended the board consider banning outdoor gardens altogether because of complaints about their smell and potential to attract thieves.
But supervisors decided to forgo any action and wait for court rulings in a number of pending medical pot cases.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: redding.com
Author: Jim Schultz
Contact: Staff and Contacts for Redding Record Searchlight
Website: Pot shop lawsuit moved to federal court » Redding Record Searchlight
And the Irvine-based attorney representing the county Board of Supervisors and others named as defendants in the lawsuit has already filed a motion seeking to have it dismissed.
That motion, which claims the lawsuit fails to state any claims for relief against the defendants, is scheduled to be considered April 17 in U.S. District Court in Sacramento.
Redding attorney Michael A. Scheibli, who represents Christopher Dale Staffin and the Medicine Man Collective Spiritual Center Corp., said Friday he believes the county moved the suit to federal court to "prejudice the case" against his client.
But he was not surprised.
"I would have done the same thing," he said.
Jeffrey V. Dunn, who represents the county, said U.S. District Court was a more appropriate venue based on the federal nature of the case.
The lawsuit, which specifically names the county, its board of supervisors, Sheriff Tom Bosenko and three sheriff's deputies and detectives as defendants, was filed Superior Court Jan. 7 and moved to federal court on Feb. 14.
In his lawsuit, Staffin claims, among other allegations, that the county conspired to deprive him and the corporation of their contractual, constitutional and state rights by enacting the pot shop ban with the intent to run the collective out of business.
The Burney collective was the only one in the unincorporated county areas when the ban was approved.
The suit also alleges county law enforcement officials maliciously and oppressively harassed Staffin with indifference to his rights.
Although the lawsuit does not specify a damage amount, Staffin has said the county's ban on pot shops would have robbed the collective of about $17.2 million by this year and that his lawsuit would seek that amount.
The collective closed its Main Street doors in May 2011 after being evicted following implementation of the pot shop ban in 2010 and its finalization the following year.
Meanwhile, Shasta County supervisors decided earlier this month they won't form an advisory committee to consider revamping the county's medical marijuana rules or enact rules to bar outdoor growing.
The county's first growth ordinance was adopted in 2011 and limited indoor grows to detached, nonresidential structures while capping outdoor grows at between 60 and 360 square feet based on parcel size.
In January county department heads recommended the board consider banning outdoor gardens altogether because of complaints about their smell and potential to attract thieves.
But supervisors decided to forgo any action and wait for court rulings in a number of pending medical pot cases.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: redding.com
Author: Jim Schultz
Contact: Staff and Contacts for Redding Record Searchlight
Website: Pot shop lawsuit moved to federal court » Redding Record Searchlight
