County of Riverside v. Nature's Relief Group CA4/2

I. INTRODUCTION

In this action, plaintiff, County of Riverside (County), moved for a preliminary

injunction to enjoin the operation of certain medical marijuana dispensaries in

1 unincorporated areas of Riverside County. The motion was based primarily upon County

ordinances prohibiting such facilities, declaring them a nuisance, and making them

subject to injunction and abatement. The trial court, after noting that the legality of

similar ordinances was an issue pending before the state Supreme Court, denied the

County’s motion.

After the County appealed, the California Supreme Court decided City of

Riverside v. Inland Empire Patients Health & Wellness Center, Inc. (2013) 56 Cal.4th

729 (Inland Empire), which upheld the City of Riverside’s prohibition on medical

marijuana dispensaries. In light of this decision, the trial court’s ruling in this case must

be reversed.

II. FACTUAL AND PROCEDURAL SUMMARY

In February 2012, the County filed a verified complaint alleging two causes of

action for “Public Nuisance” and a third for “Controlled Substances Abatement.”

According to the complaint, certain defendants operated a “marijuana distribution

facility” within…