December 22nd, 2009
LAKE FOREST – A marijuana collective today filed a lawsuit against the city and its landlord saying the city’s efforts to prohibit a legally operating dispensary violates state law.
The suit also contends that the city is forcing the landlord to act on its behalf in pursuing eviction of the dispensary.
The lawsuit – filed on behalf of Shannon Saccullo and Earth Cann Wellness Center – asks for damages and a court order requiring the city to regulate the dispensaries in compliance to state law. It comes in response to the city’s efforts to close dispensaries and the landlord’s efforts to evict Earth Cann, the center’s lawyer said.
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December 22nd, 2009
LAKE FOREST – Officials representing a medical marijuana collective say they have scored a victory in their battle with the city to stay in business.
David Welch, an attorney with Earth Cann Wellness Center, said that Superior Court Judge Corey S. Cramin found that Earth Cann was not in violation of the city’s zoning laws and ordered an effort by Earth Cann’s landlord Olen Properties to evict the dispensary to be stopped.
“They found we are not in violation of the municipal code,” Welch said of the Nov. 5 ruling. “It adds a lot to the suit we have saying that private entities, in this case, Olen, are being forced to act on behalf of the city. It’s a victory for us. Not only does it allow Earth Cann to continue to operate and supply its member with medication but it also sheds a light on the improper acts of certain city officials.”
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