MediLeaf files appeal, continues pot shop fight

MediLeaf's petition to stay open during appeal denied

MediLeaf continued its fight with the City of Gilroy on whether
the medical dispensary can operate in the city by filing an appeal
Nov. 10.
City Administrator Tom Haglund said city attorney, Berliner
Cohen, will be filing a response.
MediLeaf continued its fight with the City of Gilroy on whether the medical dispensary can operate in the city by filing an Nov. 10 appeal.

MediLeaf attorneys filed an opening brief to begin the appeals process – on a prohibitory injunction resulting from a lawsuit brought against it by the City of Gilroy – with the Santa Clara County district court of appeals.

City Administrator Tom Haglund said city attorney, Berliner Cohen, will be filing a response.

MediLeaf opened Nov. 9 2009 without a business license at 1321 First St. It was forced to close Aug. 9 after Superior Court Judge Kevin McKenney issued an eight-page July 20 order upholding the city’s claim that MediLeaf was operating illegally following a Gilroy lawsuit.

Attorneys for MediLeaf filed a notice to appeal the prohibitory injunction the day after McKenney’s Santa Clara County court decision and requested the dispensary be allowed to operate during the appeals process. McKenney denied MediLeaf’s request.

As of September 2010, Berliner Cohen billed the city a total of $175,529 for MediLeaf litigation, said Gilroy Finance Director Christina Turner.

Leave your comments