City of Claremont v. Kruse
California Court of Appeal
100 Cal. Rptr. 3d 1 (2009)
Relevant factsFree
Darrell Kruse and CANNABIS (defendants) operated a medical marijuana dispensary in Claremont after the city denied a business license application and dismissed Kruse's appeal; Kruse continued operating without a license despite the city's warnings, in violation of the municipal code, which declared any code violation a nuisance. The City of Claremont (plaintiff) sued for nuisance and a permanent injunction; the trial court ruled for the city and enjoined the dispensary, and Kruse appealed.
IssueFree
Whether an activity or circumstance is a nuisance per se if a legislative body exercising its police powers expressly declares the activity or circumstance to be a nuisance.
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