Medical marijuana dispensary ignores demands by city, landlord
to move
After fruitless efforts by the city and a landlord to evict
Purple Cross Rx from its downtown Hollister location, the City
Council last week unanimously agreed to pursue litigation against
the medical marijuana dispensary in an effort to force it to
move.
Medical marijuana dispensary ignores demands by city, landlord to move
After fruitless efforts by the city and a landlord to evict Purple Cross Rx from its downtown Hollister location, the City Council last week unanimously agreed to pursue litigation against the medical marijuana dispensary in an effort to force it to move.
Meanwhile, the city of Monterey last week won a court battle of its own against a marijuana dispensary, which was ordered by a judge to close immediately for operating in violation of city zoning codes. That dispensary, MyCaregiver Inc., is represented by Jim Roberts, who also represents Purple Cross Rx. Roberts told the Monterey County Herald that his clients would appeal and decide whether to remain open.
Hollister City Attorney Stephanie Atigh said “We will file a complaint and it will be served on the defendant and it will go from there,” though she did not know when that filing date will be.
Purple Cross, operated by Scott McPhail, has refused city efforts to get it to move from its 335 San Benito St. location and has also rebuffed efforts by its landlord to force an eviction.
The dispensary began its operations at the site in December 2009 after the council denied McPhail’s request to specify a zoning district within the city where medical marijuana dispensaries would be allowed.
Mayor Victor Gomez, a staunch opponent of the dispensary operating within city limits, said he could not offer much comment on the case other than to say, “We didn’t want it to have to get to this, but that’s where we are.”
City officials say that Hollister’s zoning code, adopted in 2008, does not permit medical marijuana dispensaries in any zoning district in the city. In January, the council adopted ordinances declaring medical marijuana dispensaries a prohibited use within the city limits.
“It’s kind of a cut-and-dried case,” Atigh said. “He’s either in compliance with the law or he’s not. The judge will make a decision on whether he’s got to comply with the law.”
A similar enforcement case against a medical marijuana dispensary has been filed by the city of Gilroy and is pending in court.
McPhail said that Purple Cross Rx “has been prepared for this lawsuit since Day 1 of our opening.
“We are confident of our rights that we have to continue operating,” he said. “I’m sure any judge will agree. I’m just sorry it has to come [at] the expense of the citizens of my community.”
McPhail has said that if the city were to sue him, he would start a petition drive to recall any council members who supported the litigation.
