An appeals court lifted an injunction that had forced the closure of Cooperative Medical Group, or CMG Outreach, at 26690 Madison Ave., Suite 103, co-owner Beth Burns confirmed in an email to Patch.
CMG, which is licensed by the state of California Board of Equalization to dispense marijuana for medical purposes, opened in July.
Shortly after it started to serve patients, the City Council, on the advice of the police chief, declared the dispensary a public nuisance due to its proximity to an indoor children’s play facility. A judge then ruled in favor of the city’s request for a preliminary injunction against the business, which forced its closure.
Beth Burns, along with co-owner Michael Thompson, filed an appeal against the ruling.
A stay on the injunctive order was issued Thursday, according to Burns.
“Pending resolution of the appeal or by further order of this court, enforcement of the injunctive order against plaintiff/appellant Cooperative Medical Group, Inc. is stayed,” the court proceeding sent by Burns states. “Trial court shall retain jurisdiction to reissue such an order if persuasive evidence of nuisance should be presented by defendant/respondent City of Murrieta.”
Prior to that, a notice on the dispensary door told customers it was closed.
CMG is the only collective within Murrieta city limits; at least two others are located on or near Sky Canyon Drive in unincorporated Murrieta.
In 2005, the city passed an ordinance that banned medical marijuana dispensaries from operating.
via : Murrieta Patch
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