Pubdate: Fri, 24 Jul 2009
Source: Ventura County Star (CA)
Copyright: 2009 The E.W. Scripps Co.
Contact:  http://www.venturacountystar.com/
Details: http://www.mapinc.org/media/479
Author: Christy Fenner
Bookmark: http://www.mapinc.org/find?115 (Marijuana - California)

MARIJUANA SHOP FIGHTS WESTLAKE IN COURT

The Westlake Village City Council voted unanimously Wednesday night 
to extend the city's temporary moratorium on marijuana distribution facilities.

The council's 5-0 vote came one day after lawyers for Amazing Healing 
Supply, a marijuana distribution facility in the city, announced that 
they plan to ask a court on Friday to issue a restraining order to 
block the city from interfering with the business.

The business contends that it did not violate the city's zoning 
ordinance when it began operating May 30 in a business park on La Baya Drive.

City officials imposed an initial, 45-day moratorium on July 8 after 
learning that the business had opened in the city.

The council's vote this week will extend the moratorium by a period 
of 10 months and 15 days, giving city officials time to study their 
zoning ordinances and adopt changes before the moratorium expires.

Westlake Village will oppose the business's legal challenge, said 
City Attorney Terence Boga.

"The city will go to court and fight for our position," Boga said. 
"In the interim, Amazing Healing Supply is closed and will stay 
closed until a judge says otherwise."

The business is represented by the law offices of Snyder and 
Dorenfeld in Agoura Hills.

In its petition filed in Los Angeles County Superior Court, Amazing 
Healing Supply says it is "a medical marijuana collective as defined 
by Proposition 215," the ballot measure approved by California voters.

After the business opened, representatives of the city's planning 
department notified it on June 17 that it was in violation the city's 
municipal code and had to suspend operation immediately. The business 
appealed to the City Council, which held a public hearing July 8 and 
turned it down, and then passed the initial moratorium.

In a written report to the council, the city's staff said the zoning 
ordinance "does not specifically list marijuana distribution facility 
as a permitted use or conditionally permitted use in any zoning 
district. As a result, such use is deemed to be prohibited."

The petition filed in court by Amazing Healing Supply states that the 
city "does not require a business permit for the operation of a 
business similar to the petitioner's business." The document also 
states that when it began operating, the city had an applicable 
zoning ordinance allowing such a businesses to operate in the 
business park zone where it is located.

Amazing Healing Supply asks the court to allow it to re-open and to 
order the city to pay its legal expenses as well as "other relief as 
the court deems proper." 
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MAP posted-by: Richard Lake