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City of Monterey v. Carrnshimba

California Court of Appeal
215 Cal. App. 4th 1068 (2013)


Facts

Jhonrico Carrnshimba (defendant) operated a medical marijuana dispensary in the City of Monterey (plaintiff). When the city learned of Carrnshimba’s business practice, it informed Carrnshimba that his use was not permitted under the city code. The city ordered Carrnshimba to cease and desist his dispensary operations. Subsequently, the city passed an ordinance imposing a moratorium on medical marijuana dispensaries in the city. The city brought suit against Carrnshimba, alleging that his operation of the dispensary constituted a public nuisance. Based on the moratorium, the trial court granted the city summary judgment and issued a permanent injunction, so long as the moratorium was in effect. Carrnshimba appealed, arguing among other things that the city code unlawfully discriminated against him by not including marijuana dispensaries as permitted uses.

Rule of Law

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Issue

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Holding and Reasoning (Marquez, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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