mr.greengenes
Well-Known Member
- Joined
- Apr 26, 2009
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Judge allows rejected dispensary to stay open
Dec 15, 2009
Gilroy Dispatch
Earlier this morning, a Superior Court judge denied Gilroy's first legal attempt to shut down a medical marijuana dispensary that opened last month without a business license.
The city asked the judge for a preliminary injunction to close down MediLeaf, a cannabis collective on First Street, because it did not comply with city code or federal law. The injunction would have temporarily shut down the dispensary pending a trial between the city and MediLeaf.
The judge, speaking from a courtroom in San Jose, said he could not grant the preliminary injunction because the city did not demonstrate that the dispensary would do "irreparable harm" by staying open until and throughout the upcoming trial. Conversely, the judge said, it would do MediLeaf irreparable damage to close it down.
The judge also castigated the city for not coming to the table with an open hand, claiming the city acted incorrectly in discussing issues related to the dispensary in a closed session in mid-November. At that time, three councilmen boycotted the meeting. In the closed-door meeting, the remaining four council members unanimously voted to take legal action against the dispensary. Councilman Craig Gartman - who boycotted the meeting - later voiced concerns that the closed-meeting vote violated the Brown Act, which regulates open government in California.
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Dec 15, 2009
Gilroy Dispatch
Earlier this morning, a Superior Court judge denied Gilroy's first legal attempt to shut down a medical marijuana dispensary that opened last month without a business license.
The city asked the judge for a preliminary injunction to close down MediLeaf, a cannabis collective on First Street, because it did not comply with city code or federal law. The injunction would have temporarily shut down the dispensary pending a trial between the city and MediLeaf.
The judge, speaking from a courtroom in San Jose, said he could not grant the preliminary injunction because the city did not demonstrate that the dispensary would do "irreparable harm" by staying open until and throughout the upcoming trial. Conversely, the judge said, it would do MediLeaf irreparable damage to close it down.
The judge also castigated the city for not coming to the table with an open hand, claiming the city acted incorrectly in discussing issues related to the dispensary in a closed session in mid-November. At that time, three councilmen boycotted the meeting. In the closed-door meeting, the remaining four council members unanimously voted to take legal action against the dispensary. Councilman Craig Gartman - who boycotted the meeting - later voiced concerns that the closed-meeting vote violated the Brown Act, which regulates open government in California.
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