SONOMA v. SUPERIOR COURT OF SONOMA COUNTY
In 2007, the County of Sonoma (the County) enacted Ordinance No. 5715 (the Ordinance) governing the zoning of medical cannabis dispensaries. One provision of the Ordinance required dispensaries to obtain permits to operate. In September 2009, real parties in interest Marvin Gardens Cooperative, Inc., and Terry Worden (collectively, the Cooperative) opened a medical cannabis dispensary in the town of Guerneville. The County thereafter issued a stop order to the Cooperative because it had not received the required permit for its Guerneville location. The Cooperative closed the dispensary and then sued the County challenging the validity of the Ordinance.
The trial court ultimately sustained the Cooperative's challenge, holding that the Ordinance violated the Cooperative's right to equal protection of the laws. In two separate orders, the trial court invalidated the Ordinance and issued a writ of mandate prohibiting the County from enforcing it. The County now seeks a writ of mandate compelling respondent superior court to vacate and set aside portions of those orders. Among other things, the County claims the Cooperative's action was untimely because it was not brought within 90 days of the Ordinance's enactment and is thus barred by Government Code section 65009, subdivision (c)(1)(B).[1] We agree with the County's limitations argument and will therefore direct the issuance of a peremptory writ of mandate.
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