[420 Girl]

CA - The landlord of the downtown Hollister medical marijuana dispensary recently served Purple Cross Rx with a three-day eviction notice that was ignored and this week filed an "unlawful detainer" action in court in an effort to force the shop to move.

"I was very clear in the lease with regards to if I get any scrutiny from the city and if you [Purple Cross] can't defend yourself, then I'm going to take action to get you out," said Greg Dolan, who owns the building at 335 San Benito St., located between Third and Fourth streets. "From their perspective, they put an awful lot of money into this. They have to leave, and I think they're dragging it out."

An unlawful detainer typically is filed when a tenant who refuses to leave a leased property upon the expiration or termination of the lease. By filing the action with the court, the landlord satisfies due process rights as he or she proceeds with the eviction process.

Dolan said he has been in touch with Mayor Victor Gomez because the city has not backed off its claim that Purple Cross Rx is violating city zoning codes by operating a business that runs counter to federal law.

"He's been in communication with me and I think he's being very cooperative," said Gomez. "After some thought, he felt [leasing to Purple Cross] probably wasn't the best decision. Because we see he's making an effort to be in compliance with city rules, we're watching the situation very carefully.

"He's moving toward the direction where we'd like to see him be. That's given us some patience with him."

Dolan said he did not have any regrets about leasing the third floor of his building to the dispensary in early January.

"There were two possible outcomes: that the city was going to allow them to stay or they weren't," he said. "I wasn't blind to the situation. I knew exactly what to expect and I was prepared for it. I was taking my chances of the city letting them stay there. If it doesn't happen, it doesn't happen. Bottom line is, I want to do the right thing."

The city's code enforcement office in mid-January served Purple Cross and Dolan with an order to shut down within 30 days or face fines potentially in the $1,000-a-day range. Also last month, the City Council passed an emergency ordinance banning the establishment of medical marijuana dispensaries. On Feb. 5, the Council passed a regular ordinance containing the same prohibitions.

Scott McPhail, the operator of Purple Cross Rx, recently met with county planning officials to discuss the possibility of relocating the dispensary outside the city limits. McPhail could not be reached for comment before press time this week.

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