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County of Sonoma v. Superior Court, A128734

By FindLaw Staff on December 16, 2010 3:25 PM

Medical marijuana dispensaries' challenge to a county ordinance

County of Sonoma v. Superior Court, A128734, concerned a county's petition for a writ of mandate seeking to compel a trial court to vacate and set aside portions of its orders, related to a county ordinance governing zoning of medical cannabis dispensaries. 

 

In granting the petition, the court held that the medical marijuana dispensaries' claims were based on a facial challenge to the ordinance, and to be timely, such a challenge had to have been brought within 90 days of the ordinance's effective date.  Here, the limitations period for facial challenges expired long before the plaintiffs' brought suit, and as such, the suit was time barred and should have been dismissed as untimely.

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