Mar 112015

A lawsuit challenging Fresno County’s cannabis cultivation ban on environmental grounds is nearing its final destination, with hearing set for April 30 in Fresno County Superior Court.

The trial notebook shown below contains all the pleadings in the lawsuit filed against the County of Fresno by Michael S. Green, a medical cannabis patient and advocate. The suit alleges that the county violated the California Environmental Quality Act (CEQA) when its cannabis cultivation ban was enacted by the Board of Supervisors in early 2014. It seeks a court order barring Fresno County from enforcing the ban until it complies with CEQA by preparing an environmental impact report.

Fresno County Cannabis CEQA Lawsuit – Trial Notebook

The administrative record of Ordinances 14-001 and T-88-369 will be reviewed by a judge as the primary evidence on which the case will be decided. The two ordinances were bundled as Amendment to Text Application No. 369 for purposes of environmental review, but they took separate paths to approval by the Fresno County Board of Supervisors. The printed version of the administrative record comprises five volumes of staff reports, written comments, audio recordings and hundreds of e-mails. The whole of the record must be reviewed to determine if the county committed a prejudicial abuse of discretion as alleged.

Some of the key documents in the record include:

The administrative record also includes several recordings. You can play them inline or right-click the link to download the file. High-speed Internet or WiFi is recommended to avoid data overages, if they apply.

Board of Supervisors — Aug. 20, 2013 (68 mins., 164 Mb)

Board of Supervisors — Sept. 24, 2013 (27 mins., 65 Mb)

Board of Supervisors — Oct. 8, 2013 (55 mins., 131 Mb)

Board of Supervisors — Dec. 10, 2013 (62 mins., 149 Mb)

Board of Supervisors — Jan. 7, 2014 (62 mins., 148 Mb)

Planning Commission — Jan. 9, 2014 (22 mins., 8 Mb)

Board of Supervisors — Feb. 4, 2014 (20 mins., 49 Mb)

Tour of Fresno County Marijuana Grows – YouTube video

Written comments from the public are also included in the administrative record. Comments of opposition to the Fresno County growing ban were filed by the following people and organizations:

Americans for Safe Access California NORML Union of Medical Marijuana Patients
Michael S. Green Ellen Komp Don Duncan
Michael Levine Allan Bradford Charles Wilson
Christine Mirigian Bill McPike Cesar Feliciano
Seth Daugherty Brian Vollmer Sergio Franco
Cherrill Northrup Mercy Grieco Keith Sanders
Jason Calderon Cinnamon Peel Lydia Pearson
Merritt Michael Larry Brooks Neil Stithem
Aaron Grow Michelle Cornell Les Roberts
Dennis Nebeker Diane Valdovinos Melanie Johnson
Robert Hager John Winther Dustin Frazier Lowery
Tyler Rix Jason Weipert Mike Caetano
Paul Reilly Robert Vaughn Jason Kendall
Joseph Quijada Gunnar Butler-Frantzich Candace Vialpando
Joseph Miller David Smith Gary D. Harris
Derek Payton Dr. Anisha Patel Susan Soares
Chantharath Chanh Phom Bounmy Vilivong
Kelly C. C. Phillips Ray H.

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