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City of Lake Forest v. Evergreen Holistic Collective

California Court of Appeals, Fourth District, Third Division
Mar 29, 2012
No. G043909 (Cal. Ct. App. Mar. 29, 2012)

Opinion


Page 742a

204 Cal.App.4th 742a __ Cal.Rptr.3d__ CITY OF LAKE FOREST, Plaintiff and Respondent, v. EVERGREEN HOLISTIC COLLECTIVE, Defendant and Appellant. G043909 California Court of Appeals, Fourth District, Third Division March 29, 2012

Super. Ct. No. 30-2009-00298887

ORDER MODIFYING OPINION

ARONSON, J.

THE COURT.

IT IS ORDERED that the opinion filed herein on February 29, 2012, (203 Cal.App.4th 1413;___Cal.Rptr.3d___), be modified as follows:

1. On page 23 [203 Cal.App.4th 1439, advance report, 2d par., line 19], the last sentence of the first partial paragraph, the word “and” is changed to “or” so the sentence reads:

“Accordingly, we conclude a dispensary may be located at the site where its members collectively or cooperatively cultivate their marijuana.”

2. On page 29 [203 Cal.App.4th 1444, advance report, fn. 7, line 4], change “voter’s” to “voters’” in the second sentence of footnote 7.

3. On page 38 [203 Cal.App.4th 1450, advance report, 1st par., line 3], second sentence of subpart 8., delete the word “now” so that the sentence reads:

“Section 11362.768 provides that in zoning districts where a local government requires a local business license, no medical marijuana project with a storefront or mobile retail outlet may be located within 600 feet of a school.”

4. On page 39 [203 Cal.App.4th 1450, advance report, 2d par., line 1], first sentence of the first full paragraph, delete the words and comma “As amended, ” so that the sentence reads:

“Section 11362.768 also provides: ‘Nothing in this section shall prohibit....’”

5. On page 39 [203 Cal.App.4th 1450, advance report, 2d par., line 5], second sentence of the first full paragraph, the words “The amendment” are changed to “Section 11362.768” so that the sentence reads:

Page 742b

“Section 11362.768 further provides: ‘Nothing in this section shall preempt....’”

These modifications do not change the judgment.


Summaries of

City of Lake Forest v. Evergreen Holistic Collective

California Court of Appeals, Fourth District, Third Division
Mar 29, 2012
No. G043909 (Cal. Ct. App. Mar. 29, 2012)
Case details for

City of Lake Forest v. Evergreen Holistic Collective

Case Details

Full title:CITY OF LAKE FOREST, Plaintiff and Respondent, v. EVERGREEN HOLISTIC…

Court:California Court of Appeals, Fourth District, Third Division

Date published: Mar 29, 2012

Citations

No. G043909 (Cal. Ct. App. Mar. 29, 2012)