County counsel may step in if landlord is unsuccessful in
court
Medical marijuana dispensary Purple Cross Rx was scheduled to
head to court Thursday in an effort to quash an eviction notice
that would force it out of its Bolsa Road location.
Meanwhile, the county counsel’s office is considering a civil
case against the dispensary, a possible next step if landlord Stan
Smith is unsuccessful in getting the facility to move.
County counsel may step in if landlord is unsuccessful in court
Medical marijuana dispensary Purple Cross Rx was scheduled to head to court Thursday in an effort to quash an eviction notice that would force it out of its Bolsa Road location.
Meanwhile, the county counsel’s office is considering a civil case against the dispensary, a possible next step if landlord Stan Smith is unsuccessful in getting the facility to move.
“What plays out this week in court will determine where the county goes and whether this ultimately will end up in a lawsuit,” said Stacey Watson, a county code enforcement officer who has sent multiple notices to Purple Cross and its attorneys saying that the dispensary is operating in violation of county zoning rules.
“There have been notices of violations sent to the property owner informing him his property is currently in violation for having a use that does not meet the current zoning regulations.”
The county Board of Supervisors recently approved an ordinance that bans the operation of medical marijuana dispensaries, clubs, collectives or other such facilities for two years. The city of San Juan Bautista in May 2010 passed an urgency ordinance banning dispensaries and in January of this year voted to make that ban permanent.
Purple Cross maintains that it is permitted to operate on Bolsa Road because it cultivates cannabis, and therefore is an approved agricultural use.
“The words ‘agricultural produce’ have been applied to the growing of cannabis,” Purple Cross attorney James Roberts wrote in a January letter to Watson, claiming the production and sale of marijuana on-site is both seasonal and agricultural.
The county has maintained that zoning for the Bolsa Road site is commercial or industrial.
County Counsel Matthew Granger said he did not want to speculate on the county’s next steps regarding litigation against Purple Cross, saying “the county is waiting to see what happens” with the unlawful detainer action filed against the dispensary.
“It’s one step at a time,” he said.
A similar unlawful detainer motion was filed against Purple Cross by its previous landlord in downtown Hollister, who said the dispensary ignored eviction notices. The City of Hollister, citing zoning violations, eventually filed suit against Purple Cross in an effort to get it to move out of the city limits.
Just prior to the matter going to court, dispensary director Scott McPhail – who could not be reached for comment prior to press time – closed up shop in August 2010 and opened a dispensary in Los Banos. Under pressure from city officials and law enforcement in the valley town, that dispensary also closed and McPhail re-opened at 1980 Bolsa Road, near Flynn Road.
