The City of Gilroy will be back in court this week as it
attempts to shut down a 7-1/2-month-old medical marijuana
dispensary on the west side of town.
The City of Gilroy will be back in court this week as it attempts to shut down a 7-1/2-month-old medical marijuana dispensary on the west side of town.
Representatives from the city and MediLeaf will meet in San Jose on Thursday as the city seeks to obtain a “summary judgment,” which would indicate that no legal facts are in dispute regarding a pending lawsuit against the dispensary. If Judge Kevin McKenney grants the city’s request, the city would be able to close the dispensary’s doors.
MediLeaf opened without a business license at 1321 First St. on Nov. 9 after the City Council rejected an ordinance to regulate such operations.
MediLeaf directors have maintained that the dispensary uses a not-for-profit model and therefore does not require a business license. City officials say that is not the case, claiming that dispensary directors knowingly defied city zoning laws.
So far, the courts have allowed the dispensary to remain open while litigation is pending. If the city fails in its attempt to obtain a summary judgment, attorney Andy Faber, who represents the city in the case, has indicated he will work to set a trial date.
Judge McKenney will preside in Department 21 during Thursday’s 9 a.m. hearing at the Old Court House, 161 N. First St., in San Jose.
