City of Vallejo v. Ncorp4, Inc.

*1080 The City of Vallejo (Vallejo or city) appeals from the denial of its request for a preliminary injunction to enjoin the operation of a medical marijuana dispensary within the city. The trial court concluded that the city's ordinance conferring limited immunity for the operation of such a dispensary conditioned on the prior payment of a business tax imposes an *1081 unconstitutional ex post facto condition and therefore may not be enforced. We disagree and therefore shall reverse the order.

Background

Vallejo's zoning code does not recognize medical marijuana dispensaries as a permitted *743 land use within city limits. (Vallejo Mun. Code, §§ 16.06.010-16.06.630.) An unpermitted use is declared to be "a public nuisance." ( Id. , § 16.100.040.) Vallejo recently adopted Ordinance No. 1715 granting limited immunity to those medical marijuana dispensaries that meet various requirements, including the past payment of local business taxes. ( Id. , §§ 7.100.010, 7.100.080(A)(3).)

Defendant NCORP4, Inc. (NCORP4), doing business as Nature's Love Collective, is a nonprofit corporation operating a medical marijuana dispensary in Vallejo. Defendants Marc Hewitt and Gerome Tango manage…