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CITY OF LAKE FOREST v. EVERGREEN HOLISTIC COLLECTIVE

No. G043909.

203 Cal.App.4th 1413 (2012)

138 Cal. Rptr. 3d 332

CITY OF LAKE FOREST, Plaintiff and Respondent, v. EVERGREEN HOLISTIC COLLECTIVE, Defendant and Appellant.

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

February 29, 2012.

Attorney(s) appearing for the Case

DIR Welch and David Ryan Welch for Defendant and Appellant.

Best Best & Krieger, Jeffrey V. Dunn and Laura A. Dahl for Plaintiff and Respondent.

OPINION

ARONSON, J.—

The trial court granted the City of Lake Forest's (the City's) request in this nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collective's (Evergreen's) medical marijuana dispensary based on a citywide ban against dispensaries. The trial court determined the City's decision not to recognize dispensaries as a permitted property use, and to prohibit unpermitted uses, established...

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