Legal Opinion

City of Vallejo v. Ncorp4, Inc.

California Court of Appeal, 5th District

Decided September 29, 2017No. A149907PublishedCited by 7 opinions

1Opinion of the CourtPollak, Acting P.J.

*1080The City of Vallejo (Vallejo or city) appeals from the denial of its request for a preliminary injunction to enjoin the operation of a medical marijuana dispensary within the city. The trial court concluded that the city's ordinance conferring limited immunity for the operation of such a dispensary conditioned on the prior payment of a business tax imposes an *1081unconstitutional ex post facto condition and therefore may not be enforced. We disagree and therefore shall reverse the order.

Background

Vallejo's zoning code does not recognize medical marijuana dispensaries as a permitted *743land use…

2Cases cited9 opinions

  1. DeVita v. County of NapaCalifornia Supreme Court · 1995
  2. City of Riverside v. Inland Empire Patients Health & Wellness Center, Inc.California Supreme Court · 2013
  3. Sahlolbei v. Providence Healthcare, Inc.California Court of Appeal · 2003
  4. City of Corona v. NaullsCalifornia Court of Appeal · 2008
  5. Melton v. City of San PabloCalifornia Court of Appeal · 1967

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3Cited by7 opinions

  1. Urgent Care Med. Servs. v. City of Pasadena, California Court of Appeal, 5th District2018
  2. Chang v. County of SiskiyouDistrict Court, E.D. California · 2024
  3. Lo v. County of SiskiyouDistrict Court, E.D. California · 2021
  4. P. ex. rel., City Attorney of the City of San Jose v. Revere Group, LLC CA6California Court of Appeal · 2021
  5. Urgent Care Medical Services v. City of PasadenaCalifornia Court of Appeal · 2018

2 more not listed; retrieve them via the Exa API.

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