indicabush
- 2,583
- 263
Author: Eric Vodden
YUBA POT GROWERS SEEK COURT ORDER
Hearing Today on Bid for Referendum
Yuba County medical marijuana growers are seeking a court order today to give them the goahead to submit signatures for a voter referendum on the county's new marijuana cultivation ordinance.
A Yuba County Superior Court petition filed Thursday seeks a ruling declaring invalid the Board of Supervisors action to approve the law as an urgency ordinance.
That ruling would theoretically reinstate a 30-day period for the ordinance to take effect back to when the ordinance was approved on March 10. It would also put back in place the ability for opponents to gather referendum signatures during the period that ends next Thursday.
The action seeking a preliminary injunction and temporary restraining order follows a lawsuit filed last week by four county growers claiming the new ordinance is unconstitutional. A hearing on the restraining order and injunction, including a ruling on the urgency declaration, is scheduled at 8:30 a.m.
Yuba County supervisors last month approved the new ordinance after a series of workshops and hearings attracted vocal opponents and supporters. It came after a group of foothills residents complained of alleged criminal activity and odors emanating around some grows.
The previous ordinance allowed 18 plants on an acre or less and as many as 99 on 20 acres or more. The new one allows no outdoor plants, 12 inside a qualified accessory structure and none in residences.
In addition, attorney Joe Elford, representing the growers, filed a motion to remove the assigned judge, Stephen Berrier, from today's hearing. That action states that Berrier is prejudiced against the plaintiffs, but does not provide specifics on why.
Elford on Thursday afternoon declined to elaborate.
Yuba County spokesman Russ Brown said Thursday afternoon the county counsel's office had not yet reviewed the petition.
Thursday's action names Yuba County, the Board of Supervisors and the county clerk as defendants. Seeking the restraining order and injunction are Woodrow George Powers, Patty Mowery, Theresa Morris, George Benson, Norma Hutchins, Eric Salerno and the Yuba Patients Coalition.
The petition cites various legal cases in support of a ruling to declare the urgency declaration invalid. It said the board used the same criteria to approve the previous ordinance two years ago, but didn't declare at that time that its enforcement was a matter of urgency.
It also refers to a county website in which Jeremy Strang, county chief code enforcement officer, said enforcement of the new ordinance wouldn't occur before April 27.
"Despite the fact that the board knew, or should have known that Yuba County code enforcement would not have been able to implement the ordinance within 30 days, it nonetheless enacted the ordinance as an urgency ordinance," the action states.
Elford said determination that the urgency declaration is invalid could reinstate the 30-day waiting period from the time the ordinance was approved. That could also reinstate an April 9 deadline to submit petitions to election officials for referendum verification.
Under a referendum, opponents would need 1,242 signatures of registered voters in the county. If election officials determine there are enough signatures, the Board of Supervisors would either call for a special countywide election or consolidate the referendum with the next scheduled election in June 2016.
YUBA POT GROWERS SEEK COURT ORDER
Hearing Today on Bid for Referendum
Yuba County medical marijuana growers are seeking a court order today to give them the goahead to submit signatures for a voter referendum on the county's new marijuana cultivation ordinance.
A Yuba County Superior Court petition filed Thursday seeks a ruling declaring invalid the Board of Supervisors action to approve the law as an urgency ordinance.
That ruling would theoretically reinstate a 30-day period for the ordinance to take effect back to when the ordinance was approved on March 10. It would also put back in place the ability for opponents to gather referendum signatures during the period that ends next Thursday.
The action seeking a preliminary injunction and temporary restraining order follows a lawsuit filed last week by four county growers claiming the new ordinance is unconstitutional. A hearing on the restraining order and injunction, including a ruling on the urgency declaration, is scheduled at 8:30 a.m.
Yuba County supervisors last month approved the new ordinance after a series of workshops and hearings attracted vocal opponents and supporters. It came after a group of foothills residents complained of alleged criminal activity and odors emanating around some grows.
The previous ordinance allowed 18 plants on an acre or less and as many as 99 on 20 acres or more. The new one allows no outdoor plants, 12 inside a qualified accessory structure and none in residences.
In addition, attorney Joe Elford, representing the growers, filed a motion to remove the assigned judge, Stephen Berrier, from today's hearing. That action states that Berrier is prejudiced against the plaintiffs, but does not provide specifics on why.
Elford on Thursday afternoon declined to elaborate.
Yuba County spokesman Russ Brown said Thursday afternoon the county counsel's office had not yet reviewed the petition.
Thursday's action names Yuba County, the Board of Supervisors and the county clerk as defendants. Seeking the restraining order and injunction are Woodrow George Powers, Patty Mowery, Theresa Morris, George Benson, Norma Hutchins, Eric Salerno and the Yuba Patients Coalition.
The petition cites various legal cases in support of a ruling to declare the urgency declaration invalid. It said the board used the same criteria to approve the previous ordinance two years ago, but didn't declare at that time that its enforcement was a matter of urgency.
It also refers to a county website in which Jeremy Strang, county chief code enforcement officer, said enforcement of the new ordinance wouldn't occur before April 27.
"Despite the fact that the board knew, or should have known that Yuba County code enforcement would not have been able to implement the ordinance within 30 days, it nonetheless enacted the ordinance as an urgency ordinance," the action states.
Elford said determination that the urgency declaration is invalid could reinstate the 30-day waiting period from the time the ordinance was approved. That could also reinstate an April 9 deadline to submit petitions to election officials for referendum verification.
Under a referendum, opponents would need 1,242 signatures of registered voters in the county. If election officials determine there are enough signatures, the Board of Supervisors would either call for a special countywide election or consolidate the referendum with the next scheduled election in June 2016.
