Borges
Borges v. County of Mendocino
Opinion
Trial Court Opinion
BACKGROUND
I. Factual Background
22 The following facts are drawn from plaintiffs’ First Amended Complaint (“FAC”), which 23 the Court treats as true for the purposes of these motions to dismiss. In August of 2016, plaintiffs 24 Ann Marie Borges and Chris Gurr purchased an eleven-acre farm zoned AG/40 agricultural use in 25 Ukiah, California. FAC ¶¶ 3, 12. Plaintiffs intended to cultivate medical cannabis on their property, 26 and in 2017 plaintiffs formed a business called Goose Head Valley Farms for that purpose. Id. ¶¶ 4, 27 11-12. In April 2017, the County of Mendocino adopted the Medical Cannabis Cultivation Ordinance, Ordinance No. 4381, Ch. 20.242, which contains the County’s cannabis cultivation regulations. In May 2017, plaintiffs applied for a permit under Mendocino County Code (“MCC”) 10A.17.080(B)(3), which governs “relocation.” That subsection provides, inter alia, “Persons able to show proof of prior cultivation pursuant to paragraph (B)(1) above may apply for a Permit not on the site previously cultivated (the ‘origin site’) but on a different legal parcel (the ‘destination site’), subject to the following…