Lawsuit challenging pot shop ban dropped

The lawyer for three former Loveland medical marijuana dispensaries that were suing the city and seeking reversal of a citywide ban on the dispensaries has withdrawn his case from district court.

Robert J. Corry was representing Rocky Mountain Kind, Magic’s Emporium and Colorado Canna Care, in addition to medical marijuana patients John and Jane Doe.

Corry moved to dismiss the claims Thursday, according to a court document obtained through city attorney John Duval.

Neither Corry nor Duval returned messages Friday.

Loveland voters approved an ordinance in November banning all medical marijuana dispensaries within city limits. The shops were required to close by March 1, but three dispensaries in the city filed a lawsuit seeking an injunction to remain open.

The defense argued that after a state law was passed in June 2010, the decision about whether to allow dispensaries to operate was up to local authorities – such as a City Council.

In late March, Judge Daniel Kaup ruled in the 8th Judicial District Court that Corry did not prove all elements necessary to justify the temporary restraining order and permanent injunction.

“Granting an injunction would disserve the public,” Kaup said. “It goes against the expressed voter will and the majority of voters in the city of Loveland.”

At the time, Corry said he was disappointed with the judge’s ruling.

“There is no love in Loveland,” he said after the hearing. “It was unexpected.”

via : Coloradoan

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