LAKEPORT >> The court case filed in July regarding the constitutionality of Measure N has been voluntarily withdrawn by the plaintiff.
The case was filed on June 25 by plaintiff Gail Bennett-Wofford of Upper Lake. Defendants included the Lake County Board of Supervisors (BOS) in their individual and collective capacities, the Lake County Sheriff”s Office collectively and Sheriff Frank Rivero in his official capacity. Bennett-Wofford said she decided to withdraw the case because of family medical issues, as well the federal case against the county regarding the measure.
“I want to see how that case pans out,” Bennett-Wofford said. “Depending on the outcome of that case, I can refile if I want, since I voluntarily withdrew it.”
Primarily, the case was in regard to warrantless entry of private property.
Bennett-Wofford claimed that the measure infringed on “her rights to private land,” according to court documents. She also said “that the ordinance is inconsistent with the state and federal Constitutions, in that it seeks to take private property” without due process or compensation by seeking “to criminalize private non-commercial behavior.”
Some of Bennett-Wofford”s property in Upper Lake was used grow and cultivate “holistic medicine” for six family members with prescriptions, the document states. Under the new ordinance, Bennett-Wofford claims law enforcement is authorized to enter private property without a warrant.
Similarly, a federal lawsuit, which is ongoing, was filed on behalf of Spring Valley residents claiming they were subject to warrantless searches and unlawful abatement procedures by the Lake County Sheriff”s Office in violation of Measure N. Some residents claimed they were not notified or contacted before the officers went on their property, other residents said their locks were cut and LCSO officers allegedly cut down marijuana plants without providing abatement notices or allowing time for a summary abatement to be disputed.
During the June 5 election, Measure N passed with a majority vote of 51.6 percent yes and 48.4 percent no.
Contact J. W. Burch, IV at 900-2022.
