Urgent Care Medical Services v. City of Pasadena

The City filed a nuisance abatement action against several businesses and individuals related to medical marijuana dispensaries, which were prohibited by the Pasadena Municipal Code (PMC). Defendants in that action then filed suit against the City, and these two cases were deemed related. The trial court granted the City's request for injunctions, prohibiting defendants from operating their medical marijuana dispensaries in the City. The Court of Appeal affirmed, holding that the PMC states that medical marijuana dispensaries were not permitted, and that non-permitted uses were a nuisance; because defendants operated medical marijuana dispensaries, which was prohibited, and the PMC stated that the operation of a prohibited use was a nuisance, the trial court did not abuse its discretion by finding that the dispensaries were nuisances per se under the PMC; because defendants did not challenge ordinance 7018 within the 90-day period allowed by Government Code section 65009, subdivision (c)(1)(B), their procedural challenge was time-barred; and defendants have not set forth any persuasive arguments that the legal actions here were not authorized by the City Council. View "Urgent Care Medical Services v. City of Pasadena" on Justia Law