Free Spirit Organics, NAC v. San Joaquin County Board of Supervisors

Good Law
United States District Court, Eastern District of CaliforniaJuly 7, 20202:17-cv-02271California5,053 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FREE SPIRIT ORGANICS, NAC, et al., No. 2:17-cv-02271-KJM-EFB Plaintiffs, v. ORDER SAN JOAQUIN COUNTY BOARD OF SUPERVISORS, et al., 15 Defendants.

17 On October 10, 2017, the San Joaquin County Sheriff entered and seized a hemp crop from a 26.19 acre parcel of land on which plaintiffs owned and operated an industrial hemp operation. On October 27, 2017, plaintiffs initiated this action, claiming this seizure, perpetuated by a number of San Joaquin County officials, deprived them of certain constitutional protections. Defendants have now moved to dismiss the second amended complaint. Having considered the relevant briefing and conducted an evidentiary hearing to address a standing challenge against one of the plaintiffs, the court GRANTS defendants’ motion to dismiss on standing grounds. /// /// /// 28 I. BACKGROUND A. Parties Plaintiffs in this action are as follows. Free Spirit Organics (“FSO”), NAC, is a 4 …

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