Kruse

Defendants and appellants Darrell Kruse (Kruse) and Claremont All Natural Nutrition Aids Buyers Information Service (also known as CANNABIS) appeal from the judgment entered in favor of plaintiff and respondent City of Claremont (the City) after the trial court issued a permanent injunction preventing defendants from operating a medical marijuana dispensary anywhere within the City. We affirm the judgment.

BACKGROUND

1. Kruse’s Permit Application

In July 2006, Kruse went to Claremont City Hall and asked one of the city planners where he could open a medical marijuana dispensary. The planner referred Kruse to the City’s planning director, Lisa Prasse. Prasse told Kruse that because a marijuana dispensary was not an enumerated use under the City’s former land use and development code (Land Use and Development Code) and could not easily be categorized under any existing permitted use, it would not be permitted at any location within the City and Kruse would have to seek a code amendment to allow such use. In response, Kruse said that state law required the City to allow for such use. Prasse reiterated that Kruse could seek a code amendment if he wished to pursue the…