Trial court's order issuing a permanent injunction preventing defendants from operating a medical marijuana dispensary within the city is affirmed as the trial court's determination that defendants' operation constituted a nuisance per se was based not on violations of state law, but rather, on violation of the city's municipal code. Furthermore, city's Land Use and Development Code expressly prohibits any use that is not specifically enumerated therein or that cannot easily be categorized as an enumerated use. Finally, the Compassionate Use Act and the Medical Marijuana Program does not preempt the city's enactment of the moratorium or the enforcement of local zoning and business licensing requirements.
Filed September 23, 2009
Opinion by Judge Chavez
For Appellant: Law Office of Burton Mark Senkfor and Burton Mark Senkfor; Allison B. Margolin