Pubdate: Wed, 25 Jan 2012 Source: Appeal-Democrat (Marysville, CA) Copyright: 2012 Appeal-Democrat Contact: http://www.appeal-democrat.com/sections/services/forms/editorletter.php Website: http://www.appeal-democrat.com Details: http://www.mapinc.org/media/1343 Author: Jonathan Edwards INJUNCTION DENIED ON LIVE OAK'S POT GROWING BAN Live Oak's ban on growing medical marijuana withstood attack Tuesday and survives, for now. Sutter County Superior Court Judge Perry Parker denied a request for an injunction that would have temporarily stopped the ban. The plaintiff, James Maral, sought the order while he pursues a permanent way to stop the ordinance. "I don't have the ordinance to read, so I don't know what the city of Live Oak even did," Parker said. "They may have said, 'Give marijuana to everyone.'" The Live Oak City Council last month unanimously banned residents from growing marijuana. Proponents hailed the decision as a way to rid neighborhoods of the "skunky" stench marijuana plants exude. Opponents howled that council members were depriving them of their medicine. Parker didn't have get into any of that. Without the ordinance, the judge denied Maral's injunction request, but did so without prejudice. That means Maral can refile his complaint with the missing ordinance, something he plans to do. "We're going to be back here next week or the week after," Maral's lawyer, John Fuery, said after the hearing. "If I have to go down to the city of Live Oak myself and camp there, I will." Fuery said he couldn't find a copy of the ordinance on the city's website because the city played "hide the ball" with the document. "They're basically making it impossible for people to find," Fuery said. "There's nothing there to hide," said city attorney Brant Bordsen. "The city of Live Oak is very transparent and doesn't engage in those kind of tactics." The 13-page ordinance was available on the city's website Tuesday afternoon. In court, Parker questioned Fuery about the scope of the Compassionate Use Act, or Proposition 215, which voters passed in 1996. The law shields medical marijuana patients who have a doctor's recommendation from prosecution, Parker said. But the judge said he didn't see anything in there stripping a city from using its zoning powers to prevent residents from growing it. The judge drew an analogy: Cities prohibit their residents from having backyard chicken coops or limit where businesses can open an auto body shop. "Those are subject to the zoning policing power of the public entity," Parker said, calling those powers "extremely broad." - --- MAP posted-by: Richard R Smith Jr.