The CITY OF GARDEN GROVE, Petitioner,
v.
The SUPERIOR COURT of Orange County, Respondent;
Felix Kha, Real Party in Interest.
Court of Appeal of California, Fourth District, Division Three.https://leagle.com/images/logo.png
November 28, 2007.
November 28, 2007.
Attorney(s) appearing for the Case
Woodruff, Spradlin & Smart, John R. Shaw, Magdalena Lona-Wiant and Douglas C. Holland, Orange, for Petitioner.
No appearance by Respondent.
Joseph D. Elford, for Real Party in Interest.
Jones & Mayer, Martin J. Mayer and Krista MacNevin Jee, Fullerton, for the California State Sheriffs' Association, the California Police Chiefs' Association, and the California Peace Officers' Association; the California District Attorneys Association; the City of Bakersfield, the City of Burbank, the City of Costa Mesa, the City of Dixon, the City of Exeter, the City of Huntington Beach, the City of La Habra, the City of Newport Beach, the City of Ontario, the City of Placentia, the City of Redding, the City of Santa Clara, the City of Tulare, the City of Visalia, the City of Whittier and the City of Yreka, as Amici Curiae in support of Petitioner.
James Humes, Chief Assistant Attorney General, Stacy Boulware Eurie, Assistant Attorney General, Christopher E. Krueger and Teri L. Block, Deputy Attorneys General, for Attorney General Bill Lockyer as Amicus Curiae in support of Respondent and Real Party in Interest.
Court of Appeal of California, Fourth District, Division Three.
OPINION
BEDSWORTH, Acting P.J.
We confront here the facially anomalous request that we approve state confiscation of a substance which is legal in the circumstances under which it was possessed. This request is terra incognita, as will be most of the many confusing aspects of the current tension between California marijuana laws and those of the federal government. Our conclusions are therefore more a matter...
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