[420 Girl]

A medical marijuana dispensary across from Oakland police headquarters is on the verge of closure after attorneys representing the business lost a second attempt Thursday to postpone a city decision revoking the dispensary's operating permit.

Alameda County Superior Court Judge Frank Roesch said the business could not prove it would suffer irreparable harm by having the city proceed with its decision to revoke the permit. Roesch said the only harm would be a loss of revenue and location, two damages that could be recovered later.

Attorneys representing the Oakland Patient Center had asked Roesch to prevent the city from acting on its decision to revoke the permit until a trial on that decision could be held later this summer. The center claims the city revoked the permit improperly based on a couple of clerical errors and failed to give the business a chance to correct the mistakes.

At issue in the case is a change of ownership of the Oakland Patient Center, which was sold in 2009 for $1.7 million to Dona Frank. City officials contend Frank and the previous owners failed to notify the city that ownership had changed, resulting in a violation of the rules that allow a maximum of four medical marijuana dispensaries to operate in the city.

Based on that failure, the city found the center in violation of its permit and revoked it, sparking a legal battle that is expected to continue into the summer.

Attorneys representing Frank and a third partner in the firm have argued that the city's decision to revoke the permit was made in error. Ownership of the business has not officially changed, they said. In addition, they argued, the city refused to accept notification from Frank that she was going to be the new owner.

Lisa Gygax, an attorney representing Frank, said she did not know immediately Thursday if the dispensary would shut down but said it will be hard for the business and the landlord to pay the $1,000-a-day fines each is expected to get from the city if the business is not closed by next week.

Gygax said the landlord already had sent a letter notifying the dispensary that it would be evicted should it lose Thursday's request. City officials have said they probably would levy fines against the business rather than physically shut it down should it continue to operate without a permit.

http://www.420magazine.com/forums/in...e-closure.html