10:00 PM PDT on Wednesday, July 6, 2011
By GAIL WESSON
A Riverside County Superior Court judge issued a preliminary injunction Wednesday to shut down a San Jacinto marijuana dispensary as a public nuisance.
But James DeAguilera, of Redlands, the attorney for Nature’s Serenity in the 500 block of South State Street, said the marijuana collective will continue operating while he files an appeal with the 4th District Court of Appeal.
Some $639,000 in penalties have been assessed against Nature’s Serenity as of June 28, Phil Hallberg, the city’s code enforcement manager, wrote in an email.
The city has issued 213 citations against the business as of that date.
Judge Sharon J. Waters said the injunction was appropriate because the city had established there were three violations of city codes, which the city considered a “nuisance per se,” and presented enough of a showing that it probably would prevail at trial in the pending lawsuit.
The judge ordered Jorge Brambila, the co-executive director of Nature’s Serenity, and the storefront’s landlords from possessing, cultivating or distribution marijuana from the location, or from using the storefront as a medical marijuana cooperative or dispensary.
Attorney Daniel S. Roberts, who represents the city in the case, said the business is violating the city’s municipal code because there is a ban on medical marijuana dispensaries in the city, the use does not comply with city zoning rules and the business opened without obtaining a business license.
DeAguilera contends that for San Jacinto to prevail, it must present evidence that the activity constitutes a nuisance.
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