City of Palm Springs v. Luna Crest
Annotate this CaseDefendant, cross-complainant and appellant Luna Crest Inc. opened a medical marijuana dispensary within the city limits of plaintiff, cross-defendant and respondent City of Palm Springs (City). The Palm Springs Municipal Code required a permit to operate a marijuana dispensary in the City, which Luna did not obtain. Luna sought a preliminary injunction against the continued enforcement of the permitting requirement, which the trial court denied. Luna argued on appeal that the City ordinance requiring a permit was preempted by federal law and, therefore, invalid and unenforceable. Finding no reversible error, the Court of Appeal affirmed.
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