In 2010, the City of Dana Point filed suit against the medical marijuana dispensary Holistic Health, claiming the operation of the dispensary constituted a nuisance and therefore should be shut down. In a pretrial order, the trial court issued a temporary order of closure. Holistic Health appealed this preliminary injunction, and the California Court of Appeal, Fourth District, stayed the appeal. (No. G044242). While this appeal was stayed, the parties continued discovery and the trial court issued another order of closure on other grounds. Holistic Health appealed this order of closure, which was likewise stayed. (N0. G044515). As the case progressed, the trial court issued summary judgment in favor of the City of Dana Point, in-so-doing entering a permanent order of closure.
In appeal G044242, the issue before the Court of Appeal was whether the temporary order of closure should have been granted by the trial court. The trial court’s order was based upon the ground that Holistic Health was not permitted to operate within the City based upon the illegality of medical marijuana dispensaries as provided by the zoning ordinance. In the second appeal, G044515, the Court of Appeal had to determine whether the temporary order of closure was properly granted, on the grounds that the sale of medical marijuana was for-profit, and therefore illegal.
The Court of Appeal declined to entertain either of these appeals, determining both were rendered moot by subsequent events at the trial court. Since the trial court granted a permanent order of closure while granting summary judgment, any ruling on the temporary orders of closure would have no effect, as these temporary orders had been succeeded and mooted by the permanent order. Any relief sought by Holistic Health would have to come in the form of an appeal of the trial court’s grant of summary judgment and the permanent order of closure. Since no redress could be had, both appeals where dismissed.
City of Dana Point v. Holistic Health, No. G044242, 2011 WL 5877574 (Cal. Ct. Ap., 4th Dist., Nov. 23, 2011)
The opinion can be accessed at: http://scholar.google.com/scholar_case?case=8086587378961835681&hl=en&as_sdt=2&as_vis=1&oi=scholarr.
City of Dana Point v. Holistic Health, No. G044515, 2011 WL 5877734 (Cal. Ct. Ap., 4th Dist., Nov. 23, 2011).
The opinion can be accessed at: http://scholar.google.com/scholar_case?case=9756692534694527851&hl=en&as_sdt=2&as_vis=1&oi=scholarr
