City of Monterey v. Carrnshimba

Carrnshimba (defendant) operated a medical marijuana dispensary in Monterey (plaintiff), which was not a permitted use under the city code; after the city ordered him to cease and later passed an ordinance imposing a moratorium on such dispensaries, it sued alleging his operation was a public nuisance. The trial court granted the city summary judgment and a permanent injunction, and Carrnshimba appealed, arguing the city code unlawfully discriminated against him by excluding dispensaries as a permitted use.