Pubdate: Tue, 20 Mar 2012
Source: Appeal-Democrat (Marysville, CA)
Copyright: 2012 Appeal-Democrat
Author: Jonathan Edwards


Live Oak city officials tried and failed on Monday to scuttle a 
lawsuit that would stop the city's ban on growing medical marijuana.

City attorney Brant Bordsen told Sutter County Superior Court Judge 
Perry Parker that a lawsuit from James Maral, a Live Oak resident, 
lacked proper documentation. More specifically, Maral's lawyer, 
Oakland-based John Fuery, didn't include the ordinance he wanted 
Parker to block, Bordsen said.

Parker, however, did not kill the lawsuit. Instead, he gave Fuery and 
Maral another chance to provide the ordinance.

This is not the first time Parker sent the plaintiff packing for not 
providing the paperwork needed to make a ruling. The judge on Jan. 24 
denied Maral's request for an emergency injunction against the city's 
ordinance because he didn't have a copy of the ordinance Maral wanted 
him to act on.

"It happened twice. It's amazing," Bordsen said. "I guess the third 
time's the charm, hopefully."

Maral said the city was playing "hide the ball" by not providing the 
ordinance on its website.

The ordinance was available on the city's website Monday afternoon. 
Mor over, the Appeal-Democrat published a copy online on Jan. 24 and 
it has been there ever since.

"I don't know why there are claims it's been hidden," Bordsen said. 
"It's the ultimate public document."

The Live Oak City Council on Dec. 7 unanimously approved the 
ordinance which bans residents from growing medical marijuana. The 
ban took effect on Jan. 20.

"I'm just going to keep fighting," Maral said. "I'm not going to stop."

The judge gave Maral a deadline of April 3 to give the court the 
ordinance. Live Oak officials then have 30 days to respond, although 
Bordsen said he wouldn't take that long if changes to the lawsuit 
were minor. The court process could push a future court date into June.

That's a month or two after Maral normally plants his marijuana crop 
for the season. Growers typically plant in mid-May, although Maral 
said he started a month before that so he can cultivate bigger plants.

Maral said he is not worried and that he is going to continue to grow 
whether there's an ordinance or not.

"I'm doing what I do anyways."
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