Pubdate: Thu, 08 Apr 2010
Source: Windsor Beacon (CO)
Copyright: 2010 Windsor Beacon
Contact: http://drugsense.org/url/ZRLbH98z
Website: http://www.WindsorBeacon.com
Details: http://www.mapinc.org/media/4693
Author: Ashley Keesis-Wood

JUDGE TOSSES OUT MEDI-GROW MOTION TO DISMISS TOWN'S
CASE

Windsor Municipal Judge Michael Manning has denied a motion by
Medi-Grow to dismiss the town's case against the business for
violation of the town's moratorium on medical marijuana
dispensaries.

The ruling was issued March 30.

"This means that we will go to trial on April 21," Windsor Town
Attorney Ian McCargar said today.

The court ruling stems from Medi-Grow owner Lazarus Pino's decision to
keep his business open in defiance of the town's current moratorium on
medical marijuana.

Windsor is fining the business $600 per day, $300 for operating in
defiance of the moratorium since Dec. 17 and $300 for being open
without proper building permits since Jan. 5.

Medi-Grow has been issued a total of $49,500 in fines through April
2.

The original municipal court date was Feb. 22, when Manning heard 2
1/2 half hours of testimony from Pino's attorney, Daniel Taylor of
Wheat Ridge, and Windsor Town Prosecutor Kim Emil.

"The enclosed (ruling) essentially finds that Mr. Pino did not present
sufficient legal or factual support for dismissal of the charges,"
McCargar said.

Pino will have the ability to present evidence at his municipal trial
later this month, McCargar said.

Medi-Grow, 1295 Main St., Unit A, is one of three medical marijuana
dispensaries operating in Windsor. The other two, A New Dawn Wellness
Clinic and In Harmony Wellness, are operating legally under town
regulations.

Medi-Grow is also going to court to address their lack of a building
permit.

"Because of the moratorium, no building permits have been processed
for medical marijuana dispensaries," McCargar said.

The building lacks a proper ventilation system, and because of that,
Windsor Planning Director Joe Plummer issued a cease-and-desist order
on Dec. 31 for the business because it was deemed to be an unsafe
environment.

When Pino ignored the order, notices were hung on the business1 door
advising him of applicable building code violations and a notice of
condemnation.

Pino is appealing the decision and questioning whether the
cease-and-desist order is valid. The Windsor Board of Adjustment will
consider his appeal on 7 p.m. April 22.

Pino also is fighting the town in Weld County District Court. Opening
arguments are scheduled for 10:15 a.m. April 22. 
- ---
MAP posted-by: Jo-D