Tulare County Sues Five Pot Growers

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Tulare County announced Tuesday that it is suing five people in a medical marijuana collective for growing pot in the wrong location.

The lawsuit, filed Monday in Tulare County Superior Court, states they are violating the county's land use ordinance by growing marijuana in a rural area near Cutler in northern Tulare County zoned exclusively for agriculture. Under the county's ordinance, medical marijuana collectives and cooperatives must operate in a commercial or manufacturing zone.

California law allows people with medical marijuana recommendations from a doctor to grow marijuana for their personal needs, but the county's ordinance regulates the practice by saying that collectives must grow plants "within a secure, locked, and fully enclosed structure."

Too many murders, attempted murders and home invasion robberies have taken place in Tulare County in recent months because of disputes involving medical marijuana, putting the public in danger, according to officials.

Eight homicides linked to marijuana growing happened in the county from October 2010 to October 2011, and three attempted murders occurred since September 2011, according to the county.

"The biggest complaint we have from our constituents is they do not feel safe around these marijuana grows," Board of Supervisors Chairman Allen Ishida said. "People don't feel safe when bullets are flying."

The owner of the one-acre property at 38757 Road 140 near Cutler is Mario Baltazar, according to county assessor records. Baltazar is named in the lawsuit; attempts to reach him for comment Tuesday were unsuccessful. Also named are Dion Baltazar, Sotero Ibarra Salgado, Ana Ysabel Raygoza-Mayorga and Horacio Raygoza.

The lawsuit states that the county sent them letters telling them to stop growing marijuana but the letters were ignored.

This is not the first time Tulare County has sued medical marijuana growers. In 2009, the county sued Foothill Growers Association for growing marijuana in a building on agricultural property near Ivanhoe and cited the same ordinance. The collective put up a court fight but lost.

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Source: fresnobee.com
Author: Lewis Griswold
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Website: Tulare County sues five pot growers - Crime & Court News - fresnobee.com
 
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