10:39 PM PST on Monday, December 6, 2010
By JOHN F. HILL
A judge on Monday denied Wildomar’s attempt to shut down a storefront medical marijuana collective operating despite the city’s ban on dispensaries.
Riverside County Superior Court Judge Mark E. Johnson denied the city’s request for a temporary restraining order. The order would have closed the facility while a judge decides whether the city has the right to ban dispensaries.
Wildomar Patients Compassionate Group opened a dispensary last week in a building on Mission Trail. The group has sued Wildomar to stay open, arguing the ban contradicts state laws that protect safe access to medical marijuana.
Both sides will be back in court Dec. 20.
The collective’s attorney, J. David Nick, said the court’s decision showed the law favored his client.
“I have absolutely no doubt in my mind that these total bans are illegal and that the courts are not going to allow them,” Nick said.
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