A Tulare County judge on Tuesday ruled in favor a medical marijuana collective near Ivanhoe by saying that that it can stay open.
But the county, which sued the collective in October to try to shut it down, said it will seek a trial to try to win the case, the Fresno Bee reports.
Tulare County Superior Court Judge Paul Vortmann denied the county’s request for a temporary order against Foothill Growers Association, which grows and distributes marijuana at a former dental office.
Vortmann ordered the parties back to court in March and could set a trial date then.
The county had argued that Foothill Growers is breaking the county’s zoning laws by operating in an agricultural zone when medical marijuana collectives are allowed only in certain commercial zones.
But Vortmann’s ruling said that the property owner has leased the site for commercial uses “for more than 40 years without complaint” and the medical marijuana group might legally be grandfathered in as a “long-term non-conforming use of the property.”