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City of Claremont v. Kruse
California Court of Appeal
100 Cal. Rptr. 3d 1 (2009)
Darrell Kruse (defendant) and Claremont All Natural Nutrition Aids Buyers Information Service (CANNABIS) (defendant) operated a medical marijuana dispensary in Claremont. Kruse applied for a business license from the City of Claremont (plaintiff), but the city denied the application. Kruse appealed the decision, and the city dismissed the appeal. However, Kruse operated the dispensary without a business license, in violation of the city’s municipal code. The city warned Kruse to stop operating without a business license, but Kruse continued. The city then filed a lawsuit against Kruse and CANNABIS, alleging nuisance and seeking a permanent injunction to prohibit the operation of the dispensary without a license. The trial court found in favor of the city and entered the permanent injunction. Kruse appealed.
Rule of Law
Holding and Reasoning (Chavez, J.)
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