A Santa Clara County judge has denied a local medical marijuana
dispensary’s request to remain open while it appeals a prohibitory
injunction.
A Santa Clara County judge has denied a local medical marijuana dispensary’s request to remain open while it appeals a prohibitory injunction.
Superior Court Judge Kevin McKenney signed the order today denying MediLeaf’s motion to stay open pending appeal. The dispensary opened in November but was forced to close Aug. 9 after the City of Gilroy filed suit and McKenney issued an eight-page order July 20 upholding the city’s claim that MediLeaf was operating illegally.
The subsequent prohibitory injunction halted operations at Medileaf’s Gilroy dispensary in the shopping center at the corner of First Street and Westwood Drive.
According to Santa Clara County court documents, attorneys for MediLeaf filed a notice to appeal the injunction the day after McKenney’s decision. At a Sept. 1 hearing, MediLeaf lawyers requested the dispensary be allowed to operate during the appeals process.
According to legal precedent, the court has the power to grant Medileaf’s request only in exceptional cases, McKenney wrote in his order.
“The circumstances presented in the case at bench are not exceptional, and an order staying the injunction would permit the defendants to continue the operation of a business or enterprise that from the outset violated lawful municipal ordinances.”
MediLeaf opened Nov. 9 without a business license at 1321 First St.
Dispensary directors Neil Forrest and Batzi and Patricia Kuburovich maintained the dispensary used a not-for-profit model and therefore did not require a business license. However, McKenney stated in his order that city code requires nonprofits to obtain the city’s permission to operate.
