LAKEPORT — A Lake County judge indicated he would grant a temporary restraining order (TRO) for the plaintiffs in a pending lawsuit challenging the county”s marijuana cultivation urgency ordinance Friday afternoon.
Lake County Superior Court Judge David W. Herrick, who presided over the hearing, said the TRO would apply only to the plaintiffs in the case, which include Don Merrill and several other medical marijuana users identified as “Doe.”
The county of Lake and Sheriff Frank Rivero are the defendants.
Herrick invited lawyers for both sides to submit proposed language for the TRO by Monday.
The judge indicated the order would protect the plaintiffs against enforcement action taken based on provisions of the urgency ordinance and last until the request for a preliminary injunction is resolved. A court hearing is set for Aug. 15 at 2:30 p.m. at the Lake County Courthouse.
The lawsuit was originally filed on July 12 — three days after the Lake County Board of Supervisors adopted a 45-day urgency ordinance establishing regulations for marijuana growth, including where cultivation could occur and the number of plants allowed.
On Thursday, a father and son submitted a request to the court, asking in part for a TRO to protect them against enforcement of the urgency ordinance.
County residents Ronald Joseph Kiczenski, 48, and Conrad Justice Kiczenski, 21, represented themselves during a hearing held Friday afternoon immediately following the hearing in the Merrill case.
Herrick denied the Kiczenskis” TRO request, saying, “The showing is simply insufficient.” The judge also acknowledged that there was a procedural problem with the Kiczenskis” complaint.
A future court date has not been scheduled in the Kiczenski case, which also lists the county and Rivero as defendants.
