Filed on Wedsnesday, the 29th of February, the Fourth Appellate District has offered it's opinion with regard to City of Lake Forest v. Evergreen Holistic Collective. Initially a trial court granted the City of Lake Forest's request in a nuisance abatement proceeding for a preliminary injunction shutting down Evergreen Holistic Collective's medical marijuana dispensary based on a citywide ban against dispensaries. (Sound familiar EL DORADO COUNTY?) The Fourth Appelate District concluded that "local governments may not prohibit medical marijuana dispensaries altogether." "Section 11362.775 exempts qualified medical marijuana patients and their primary caregivers not only from criminal prosecution for authorized collective or cooperative acivities, but also from NUISANCE ABATEMENT PROCEEDINGS. Thus, the Legislature has determined the activities it authorized at collective or cooperative cultivation sites, including a dispensary function, DO NOT CONSTITUTE A NUISANCE." (Emphasis added for the notice of EL DORADO COUNTY!) This ruling, plus the depublishing of the Pack & Riverside cases, renders Ordinances 4970 and 4971 unenforceable.

Will the City of Lake Forest take this to the California Supreme Court and prevail?