The pot club's director, Scott McPhail

The Hollister City Council this week unanimously agreed to
pursue litigation against Purple Cross Rx, the medical marijuana
dispensary operating in downtown Hollister. 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 Hollister City Council this week unanimously agreed to pursue litigation against Purple Cross Rx, the medical marijuana dispensary operating in downtown Hollister.

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.

The council approved the formal pursuit of litigation at a Tuesday meeting in closed session.

City officials say 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.

Similar enforcement cases against dispensaries have been filed by the cities of Gilroy and Monterey and are pending in court.

McPhail said recently that if the city were to sue him, he would start a petition drive to recall any council members who supported the litigation.

Check back for more on this story.

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A staff member wrote, edited or posted this article, which may include information provided by one or more third parties.

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