MEASURE Z LITIGATION
February 1, 2019 – The City has determined to disqualify all of the applications (6) submitted by G1 Perez, LLC based on Section 5.940.060.D of the Vista Municipal Code and the other authorities listed below.
Chapter 5.94 of the Vista Municipal Code governs the process by which a particular legal entity proposing to operate as a medical cannabis business in Vista (the “Applicant”) may submit one application. If multiple applications are submitted for a single Applicant, all applications for that Applicant are disqualified. LIST of Applicstions
01/31/19: As of yesterday four complaints have been filed in Superior Court seeking to invalidate the City’s unbiased process for receiving applications and change the order of priority for all applicants.
Calgen Trading Inc v City of Vista, 37-2019-00002559-CU-JR-NC, filed January 16, 2019
Manuel Migueles Collective v. City of Vista, 37-2019-00003282-CU-JR-NC filed January 18, 2019
Riverside County Dispensary v. City of Vista, 37-2019-00003553-CU-MC-NC filed January 22, 2019
The Laughing Leaf v City of Vista, 37-2019-00005741-CU-WM-NC filed January 30, 2019
Each of the complaints seeks to require the City to recognize the plaintiff’s place on the priority list based on their asserted position on a list privately compiled by the plaintiffs. This list has not been made public by any of the plaintiffs, but their asserted places on the priority list clearly conflicts with the order established by the unbiased process and would thus displace many applicants from their place on the list referenced above.
Although two requests for temporary restraining orders were denied, applicants should note that a hearing on one plaintiff’s request for a preliminary injunction (Manuel Migueles Collective v. City of Vista, Case No.: 37-2019-00003282-CU-JR-NC) has been scheduled for February 15, 2019, a date prior to the application processing deadlines. Should that injunction be granted it seems most likely to the City that:
1.other existing applicants would see their place on the priority list changed;
2.the application process would be suspended indefinitely while trials on these cases are conducted;
3.the application process would be suspended indefinitely while appeals from the cases are concluded; and
4.that ultimately the entire submission process would have to be restarted at a future date.
It is strongly recommended that applicants consult their legal counsel to determine if these cases will affect their existing rights under Measure Z and their ability to receive their licenses in a timely manner.
The City will endeavor to post relevant pleadings from these cases on this website as they are available. You can access those pleading files here.
01/31/19 PM: One more pleading (First Amended Complaint for Declaratory and Injunctive Relief) was served on the City at 10:40 a.m. this morning in the Manuel Migueles Collective v. City of Vista litigation (37-2019-00003282-CU-JR-NC). Copies may be found in the Manuel Migueles Collective