Pubdate: Fri, 05 Oct 2012
Source: Tahoe Daily Tribune (South Lake Tahoe, CA)
Copyright: 2012 Swift Communications
Contact: http://drugsense.org/url/fXmayKuh
Website: http://www.tahoedailytribune.com/
Details: http://www.mapinc.org/media/443
Author: Adam Jensen

MARIJUANA DISPENSARY FIGHTS CLOSURE

Although the former Third Street site of the City of Angels 2 medical 
marijuana collective sat shuttered Friday, the fight over the 
marijuana dispensary appears far from over.

On Wednesday, attorneys representing the collective filed suit 
against the South Lake Tahoe City Council and former City Manager 
Tony O'Rourke, challenging the city's July denial of a proposed 
relocation of the pot club.

Wednesday's petition for writ of mandate asks El Dorado County 
Superior Court Judge Steven Bailey to compel the city to vacate its 
July 3 vote denying approval of the move, and make the City Council 
issue a resolution approving its June 5 support for transferring the 
collective's operating permit to a new location.

In the filing, attorney and former City Councilman Ted Long argues 
the city's medical marijuana ordinances do not require the council to 
pass a formal resolution transferring a medical marijuana 
dispensary's permit to a new location, only that the ordinances 
require the City Council to approve the permit transfer at a public hearing.

On June 6, O'Rourke sent City of Angels written notification that the 
relocation had been approved, according to the suit.

Long, as well as City Attorney Patrick Enright, did not return 
requests for comment Friday.

The July 3 action by the council to deny the dispensary's move was 
"arbitrary and capricious" and amounted to a "defacto revocation" of 
the dispensary's permit, according to the suit.

The filing asks the court to compel the city to reinstate approval of 
the collective's phase one application under South Lake Tahoe's 
medical marijuana ordinances and give the collective 45 days to 
comply with the second phase of the dispensary application process.

Alternatively, the dispensary's owner, Gino DiMatteo should be given 
due process with proper notification of a proposed action to revoke 
or modify the City Council's June 5 action and provide DiMatteo "an 
adequate opportunity to be heard," according to the suit.

In August, DiMatteo was arrested and charged with felony counts of 
bribery, possession of marijuana for sale, possession of a controlled 
substance and possession of ammunition by a convicted felon. He has 
pleaded not guilty.
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