A legal challenge to Fresno’s outdoor growing ban has been amended — again.
The third amended petition and complaint was filed Aug. 26 in Fresno County Superior Court. One of its two major claims is that the city violated the California Environmental Quality Act (CEQA) by failing to prepare an initial study and/or environmental impact report prior to approving Ordinance 2012-13. The city ordinance, which took effect in August 2012, prohibits outdoor cannabis cultivation in every zoning district.
In June, the assigned judge moved to strike the CEQA cause of action on the theory that the time limit for filing such challenges had passed; the city attorney’s office also filed a demurrer challenging the legal adequacy of the lawsuit. After hearing oral arguments, however, the judge modified his tentative ruling to grant leave for the plaintiff/petitioner to file amended pleadings.
- Exhibit A: Ordinance 2011-41
- Exhibit B: Ordinance 2012-3
- Exhibit C: Ordinance 2012-13
- Exhibit D: Ordinance 2012-13 staff report