Santa Barbara Patients' Collective Health Cooperative v. City of Santa Barbara

MEMORANDUM

The City of Santa Barbara appeals the district court’s order granting a preliminary injunction in favor of Santa Barbara Patients’ Collective Health Cooperative (“SBPCHC”), the operator of a medical marijuana dispensary. We have jurisdiction under 28 U.S.C. § 1292 . We affirm in part, but remand for reconsideration in light of events subsequent to the district court’s order.

1. The district court did not abuse its discretion in granting the preliminary injunction. See Farris v. Seabrook, 677 F.3d 858, 864 (9th Cir.2012). The district court reasonably concluded that SBPCHC could likely succeed in showing that, under the Original Ordinance, SBPCHC had acquired a vested property right to operate a marijuana dispensary and that the Revised Ordinance, particularly the 180-day amortization period, effectively revoked SBPCHC’s permit without due process. See World Wide Video of Wash., Inc. v. City of Spokane, 368 F.3d 1186, 1199-1200 (9th Cir.2004).

2. During the pendency of this appeal, however, the City passed an Amended Revised Ordinance, changing the amortization period from 180 days to four years. Because the Amended Revised Ordinance appears to supersede the district…