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EMERALD ENTERPRISES, LLC v. CLARK COUNTY

No. 47068-3-II consolidated with No. 49395-1-II.

413 P.3d 92 (2018)

EMERALD ENTERPRISES, LLC, and John Larson, Appellants, v. CLARK COUNTY, a Washington State County, Respondent.

Court of Appeals of Washington, Division 2.

Filed March 13, 2018.

Attorney(s) appearing for the Case

Mark D. Nelson , Law Office of Mark D. Nelson, PLLC, 2727 Hollycroft St. Ste. 110, Gig Harbor, WA, 98335-1371, for Appellants.

William Paul Richardson , Clark County Prosecution-Civil Division, 1300 Franklin St., Vancouver, WA, 98660-2865, for Respondent.

Jeffrey Todd Even , Office of The Attorney General, P.O. Box 40100, 1125 Washington St. Se., Olympia, WA, 98504-0100 for Respondent Intervenor.

PUBLISHED OPINION

¶ 1 At issue in this case is whether Clark County can lawfully ban the retail sale of marijuana within its unincorporated areas.1 Emerald argues that a Clark County ordinance (Ordinance) prohibiting the retail sale of marijuana in its unincorporated areas violates article...

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