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TRAUDT v. CITY OF DANA POINT

No. G044130.

199 Cal.App.4th 886 (2011)

MALINDA TRAUDT, Plaintiff and Appellant, v. CITY OF DANA POINT, Defendant and Respondent.

Court of Appeals of California, Fourth District, Division Three.

September 30, 2011.

Attorney(s) appearing for the Case

Schwartz Law and Jeffrey M. Schwartz for Plaintiff and Appellant.

Rutan & Tucker, A. Patrick Muñoz , Douglas J. Dennington and Jennifer Farrell for Defendant and Respondent.

OPINION

ARONSON, J.—

Malinda Traudt appeals from a judgment of dismissal after the trial court sustained, without leave to amend, the City of Dana Point's demurrer to Traudt's declaratory judgment complaint. Traudt filed suit to obtain a court declaration that Dana Point (City) zoning ordinances that did not expressly recognize medical marijuana dispensaries as permitted uses constituted a zoning ban on dispensaries and that state law...

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