Nunes

County of Tulare v. Nunes

Good Law
155 Cal. Rptr. 3d 781·2013 Cal. App. LEXIS 338·215 Cal. App. 4th 1188·2013 WL 1790198
Court of Appeal of CaliforniaApril 29, 2013F063555California6,048 words

Opinion

Opinion

Wiseman, J.

By local zoning ordinance, the County of Tulare (the County) restricted the location of medical marijuana collectives and cooperatives (MMC’s) to commercial and manufacturing zones. In violation of that ordinance, Jeffrey Lee Nunes, Jr., and Foothill Growers Association, Inc. (Defendants), operated an MMC in an agricultural zone. The County brought an action for injunctive relief seeking to require Defendants to discontinue the nonconforming use of the property. The trial court granted the County’s motion for summary judgment and issued an injunction prohibiting Defendants from operating an MMC at that location in violation of the zoning ordinance. Defendants appeal. They argue the zoning ordinance is invalid because it conflicts with the state’s general law and that it is unconstitutional. Defendants are mistaken. The zoning ordinance is a reasonable exercise of the County’s power to enact local legislation (Cal. Const., art. XI, § 7), and Defendants have failed to show any conflict with state law or constitutional principle. We affirm the judgment.

FACTUAL AND PROCEDURAL HISTORIES

We begin with the County’s zoning ordinance in question. Section 15.3 of ordinance No.…

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