Pubdate: Sat, 13 Oct 2012
Source: San Gabriel Valley Tribune (CA)
Copyright: 2012 San Gabriel Valley Tribune
Contact: http://www.sgvtribune.com/writealetter
Website: http://www.sgvtribune.com/
Details: http://www.mapinc.org/media/3725
Author: Juliette Funes

COVINA TAKES LEGAL ACTION TO SHUT DOWN MEDICAL MARIJUANA DISPENSARY

COVINA - The city is taking legal steps to shut down a medical 
marijuana dispensary that officials say unlawfully set up shop on San 
Bernardino Road and refuses to shut down.

City Attorney John Higginbotham filed a complaint seeking a temporary 
restraining order against LPC Center, a medical marijuana collective 
that opened about two months ago at 839 E. San Bernardino Road.

The complaint alleges that business operator Yona Mizrachi and 
property owner Thomas Giandomenico, who leases the property to LPC 
Center, did not obtain a business licence to operate the shop. It 
also claims that the dispensary is a public nuisance because it is in 
violation of the city's municipal code.

"LPC Center and Mr. Mizrachi have occupied, used or maintained the 
Dispensary Property to sell, serve, store, keep, manufacture or give 
away marijuana," the complaint, filed Sept. 14, reads.

A judge granted Covina the temporary restraining order on Sept. 20.

But LPC continues to operate despite the ruling, officials said.

A hearing is set for Oct. 23, in which a judge will consider granting 
Covina a preliminary injunction to force the cooperative to close.

Mizrachi's attorney, Raza Lawrence, said LPC opened after Covina 
outright rejected its business license application.

"We have the right to open a marijuana collective and the city has 
the right to implement reasonable conditions," Lawrence said. "But 
the city doesn't like the idea of having a dispensary anywhere in the city."

According to the complaint, "distributing marijuana, whether for 
medical purposes or otherwise, is not a permitted use" under Covina's 
municipal code.

Lawrence said recent court rulings having barred cities from outright 
banning dispensaries under state law.

A state appeals court in July ruled that the county's ban on 
dispensaries in unincorporated communities is unlawful under state 
law. Dispensaries, however, can be regulated or restricted, justices 
of the appeals court said.

The California Supreme Court is currently reviewing two separate 
cases regarding the legality of dispensaries and marijuana 
distribution. The Court is expected to issue a ruling later this year.

LPC Center has "a right to operate under state law since the city is 
refusing to give licences to marijuana dispensaries," Lawrence said.

Despite repeated requests for shutdown, including a cease and desist 
letter issued to LPC Center on Sept. 6, Higginbotham said the shop 
has refused to comply.

"According to their lawyers, they think they're in the right and 
we're in the wrong," Higginbotham said.

Lawrence said he plans to appeal the injunction should the judge grant it.
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MAP posted-by: Jay Bergstrom