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: Legal Pad | LASanta Clara judge permits Medileaf to stay open
By Richard Binder
Santa Clara County Superior Court Judge Kevin Murphy ruled yesterday that Gilroy's Medileaf medical marijuana dispensary will remain open.
Murphy rejected a preliminary injunction sought by the city that would have shut the dispensary's doors until a trial determined its permanent fate.
After a nearly 45-minute hearing, the judge said Gilroy's City Council committed a
Brown Act violation when it approved a resolution in closed session on
Nov. 16 that allowed city attorneys to take legal action against the
dispensary.
Attorneys for both sides had argued on the basis of zoning laws and case precedents in Southern California. For more on this decision, click here.
Full post as published by Legal Pad | LA on December 16, 2009 (boomark / email).
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