Claremont Insider: Kruse Lawsuit - UPDATED

Friday, April 25, 2008

Kruse Lawsuit - UPDATED

Citizen Michael John Keenan sent us an update on the lawsuit the city of Claremont filed against Darrell Kruse, the guy who opened the medical marijuana dispensary without a city business license:

Date: Thu, 24 Apr 2008, 19:56:39 - 0700 (PDT)
Subject: Darrel Kruse and City Settled in Court Today

No info just yet. So the next council agenda may include a decision on a merry jane med clinic/cooperative.Palm Springs is leaning towards a cooperative setup.

I think Claremont will land somewhere in between Palm Springs on regs and Corona's outright land use ban. I do believe these are the two other ordinance's Sonia claimed to be working on before Active Claremont.

Happy Trails, Michael Keenan

We haven't been able to confirm the settlement. The last bit of Keenan's email is in reference to last week's Active Claremont meeting, where Claremont City Attorney Sonia Carvalho spoke about the draft medical marijuana dispensary ordinance she has been working.

UPDATED, 7:35PM: Claremont City Manager Jeff Parker reported on the Kruse case in his City Manager's report earlier today. Parker said that the judge in the case sided with the city and issued a tentative ruling in the city's favor:

The Court found that Mr. Kruse's operation of CANNABIS [Kruse's dispensary] without a license created a nuisance and rejected Mr. Kruse's arguments that the Compassionate Use Act preempts the City's zoning laws. The Court also found that the moratorium is correct under Gov. Code 65858 and that the [dismissal] of Mr. Kruse's administrative appeal was proper. The court issued a permanent injunction against Mr. Kruse operating CANNABIS, pending the end of the moratorium, and unless and until the City actually grants Kruse a license at some future date. The City is also awarded its costs. The tentative decision becomes final in 10 days, unless a party "specifies controverted issues or makes proposals not covered in the tentative decision" or appeals.

Coincidentally (or not) Parker also reported that the city's draft marijuana dispensary ordinance is also ready and will be released for public review on April 30th. The ordinance will be posted on the city website and will also be available for review at City Hall or at the Claremont Public Library. Parker's weekly update said:

In crafting the ordinance, staff along with the City Attorney's office, reviewed ordinances from many other cities and incorporated provisions that suit Claremont's needs. The provisions are designed, and necessary, to protect the public health, safety and welfare of the residents, children, and businesses from harmful secondary effects that could result from a dispensary. The ordinance, as drafted, regulates many aspects of the potential businesses, and contains provisions regarding review process, security, operation methods, enforcement, and prohibitions.