Pubdate: Thu, 09 Apr 2015 Source: Appeal-Democrat (Marysville, CA) Copyright: 2015 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: Eric Vodden POT GROWERS' APPEAL REJECTED An appellate court has denied an appeal by Yuba County marijuana growers to overturn a judge's ruling that blocks a voter referendum on the county's new pot cultivation ordinance. The 3rd District Court of Appeal on Wednesday "summarily denied" the appeal filed by Yuba Patients Coalition and six growers. The emergency writ was filed Tuesday morning in response to Yuba County Superior Court Judge Benjamin Wirtschafter's denial of a temporary restraining order for the new ordinance. The ruling leaves intact an "urgency" designation made by the Board of Supervisors when it approved the new, more restrictive ordinance. That eliminated the 30-day period for it to take effect and for circulating referendum petitions. Deputy County Counsel John Vacek, representing Yuba County in the hearing, called the ruling a win for the county. "I think the law is pretty clear on this particular issue and that was my argument to Judge Wirtschafter," Vacek said. "The courts can't overturn a legislative action." Joe Elford, attorney for Yuba Patients Coalition and the individual growers, decried the appellate court denial. "It is shameful that the citizens of Yuba County have to fight so hard just to have their democratic beliefs heard," he said. Elford could file an appeal with the state Supreme Court, though today is the deadline for which referendum petitions could be filed with election officials. Though precluded from filing already-gathered referendum signatures, opponents still have the option of seeking a voter initiative. Instead of overturning the new law, an initiative would ask voters to approve a whole new ordinance. The previous ordinance allowed 18 plants on an acre or less and as many as 99 on 20 acres or more. The new one allows no outdoor plants, 12 inside a qualified accessory structure and none in residences. - --- MAP posted-by: Jay Bergstrom