Madison v. City of Cathedral City CA4/2

I. FACTS AND PROCEDURAL BACKGROUND

Madison does not dispute that the Trust leased a property in Cathedral City to an

entity that intended to use the property as a medical marijuana dispensary. Nor has she

disputed that the tenant “was not able to get the necessary permits and license from the

City,” but nevertheless “began operating its business without the necessary permits . . . .”

It was not possible for the tenant to obtain any form of licensure from the city because of

the ban on medical marijuana dispensaries in the Cathedral City Municipal Code.

On August 2, 2012, Cathedral City, through the city attorney, sent Madison a letter

advising Madison that it would take legal action if a dispensary was opened in violation

1 Madison is an attorney and represents herself in this appeal, as she did in the proceedings below.

2 of the Cathedral City Municipal Code. Madison initially indicated in response that she

would evict the tenant, and served the tenant with a 30-day notice to quit. However, she

never followed through with the eviction, believing that to attempt to do so would be

futile, because any unlawful detainer action would be stayed as a result of…