MediLeaf's petition to stay open during appeal denied

Gilroy and the directors of a medical marijuana dispensary that
was forced to close Aug. 9 are waiting for a decision on whether
the dispensary can reopen its doors in the city despite a
prohibitory injunction.
Gilroy and the directors of a medical marijuana dispensary that was forced to close Aug. 9 are waiting for a decision on whether the dispensary can reopen its doors in the city despite a prohibitory injunction.

According to court documents, attorneys for MediLeaf filed a notice to appeal the injunction the day after the decision by Judge Kevin McKenney of the Santa Clara County Superior Court.

At a Wednesday morning hearing, MediLeaf lawyers requested the dispensary be allowed to operate during the appeal process.

McKenney heard the arguments and plans to issue a ruling within the next few days, said Gilroy City Administrator Tom Haglund.

In the meantime, the costs associated with battling the dispensary are mounting. By the end of May, the city had spent about $102,000 on litigation related to the matter, said Haglund, who did not have more recent budget figures.

“We thought enough was enough long before we went to court because MediLeaf opened illegally,” he said. “One of the unfortunate aspects of them having done this is that the taxpayer has to foot the bill.”

MediLeaf Director Batzi Kurburovich did not return a phone call seeking comment.

Shortly after MediLeaf opened its Gilroy dispensary in the shopping center at the corner of First Street and Westwood Drive in November, the city filed suit.

Haglund said he expected MediLeaf’s appeal could take a significant amount of time.

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