Justia Drugs & Biotech Opinion Summaries

Articles Posted in Real Estate & Property Law
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Granny Purps grows and provides medical marijuana to its 20,000 members, in compliance with state laws governing the production and distribution of marijuana for medical purposes. Santa Cruz County’s ordinance prohibits any medical cannabis operation from cultivating more than 99 plants; Granny’s dispensary was growing thousands of marijuana plants. The sheriff’s office went to the dispensary in June 2015, seized about 1,800 plants, and issued a notice of ordinance violation. Several months later, officers again went to the dispensary and took about 400 more marijuana plants. Granny sued, alleging conversion, trespass, and inverse condemnation and sought an order requiring the county to return the seized cannabis plants, The trial court dismissed.The court of appeal reversed. A government entity does not have to return seized property if the property itself is illegal but the Santa Cruz ordinance ultimately regulates land use within the county; it does not (nor could it) render illegal a substance that is legal under state law. View "Granny Purps, Inc. v. County of Santa Cruz" on Justia Law

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In 2010, the City of Eastport learned that Husson University would no longer lease seventeen acres of publicly owned oceanfront property after the 2011-12 school year. In 2011, the City Council voted to accept an offer by First Perry Realty, LLC and CPM Constructors to purchase the property for $300,000. Phyllis Bradbury and David Gholson brought this action seeking declaratory and equitable relief that would prevent the sale of the City property, arguing that the sale of the property was not “advertised” within the meaning of the Eastport City Charter then in effect. The superior court denied relief. The Supreme Judicial Court affirmed, holding that the City Council took adequate measures to publicly advertise the sale of the property. View "Bradbury v. City of Eastport" on Justia Law