Court rules that Upland shop can reopen
Sandra Emerson, Staff Writer
Created: 06/29/2011 05:10:00 PM PDT
UPLAND – Aaron Sandusky has a lot to celebrate this holiday weekend.
The president of G3 Holistic, a medical marijuana cooperative, is reopening his Upland shop thanks to a decision made last week in the Fourth District Court of Appeals.
“I feel pretty good based on the decision made and what I read,” said Sandusky, whose cooperative was shut down in August after a West Valley Superior Court judge granted an injunction filed by the city.
The city’s zoning ordinance prohibits medical marijuana dispensaries from operating within city limits.
Sandusky filed a stay against the injunction and is appealing the city’s prohibition of medical marijuana dispensaries.
The stay was granted on June 20, allowing the cooperative to operate until Sandusky’s appeal is heard.
“It allows us to open back up and operate again, but we still have to move the case forward and respond and still be heard in the court,” Sandusky said.
Upland City Attorney William Curley said he will seek direction from the city.
“Our position is the court did stay our injunction, so that theoretically means they can reopen, but we are perhaps going to revisit this with the court and identify some different facts and perhaps get a different outcome if the city authorizes it,” Curley said.
The appellate court also ruled to stay preliminary injunctions filed against five other cooperatives in the area, but Curley said the injunction against G3
The ruling was to “preserve the status quo pending the appeal,” the court said.
“Well, the status quo of those people is they were open and wanted to stay open,” Curley said. “The status quo in Upland was G3 was closed for nine months, so that status quo is closed, not open. We think we’re in a different legal position than the other ones.”
G3 Holistic in Colton is also allowed to stay open due to the court order.
Sandusky said he will apply for a business permit and attempt to work with the city to stay open.
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