Naulls
City of Corona v. Naulls
Opinion
Opinion
Miller, J.
The trial court issued a preliminary injunction preventing Ronald Naulls and his business enterprise, Healing Nations Collective (HNC), a medical marijuana dispensary operating within the City of Corona (the City), from conducting any further operations. The court found that, because HNC was “operating as a non-permitted, non-conforming use,” its operation “constitutes a nuisance per se, which the City may abate by seeking injunctive relief in this Court.” On appeal, Naulls and HNC challenge the sufficiency of the evidence to support the order, contending the court’s finding as to “non-permitted, non-conforming use” is based on a faulty legal premise. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Naulls is president and chief executive officer of HNC, a California mutual benefit nonprofit corporation. On May 2, 2006, Naulls applied for a business license to operate HNC as a new business in the City. The City uses a preprinted form which states, in red text, the following: “The City of Corona Municipal Code requires that all businesses pay a business tax, but such payment does not authorize an applicant to do business in the City. All Businesses must comply with all city…