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Monday, October 17, 2011

Would-Be Dispensary Owner Sues City of San Francisco

Greg Schoepp/Courtesy the SF Examiner
   San Francisco resident Greg Schoepp got the go ahead from local planners to open his Bay Area Compassion Health Center, a medical marijuana dispensary planned for the city's sunset district, only to have his permit revoked by an appeals board who claim that typo in the city code and opposition from a local church and a tutoring center means that the planning commission made a mistake in issuing the permit.

   Now Schoepp says he's planning to fight back and has filed a lawsuit against the city of San Francisco, according to the San Francisco Examiner.  The lawsuit will be the first of it's kind in the nation.
   “I followed every rule, I did my due diligence all the way through,” Schoepp told the Examiner. “I just want my permit.”

   City officials have so far refused to comment on the litigation. A preliminary hearing in the case has been set for Nov. 4. 

   Schoepp's lawyers claim that the board "abused it's discretion" with it's decision.

   “The board had no legal or factual basis for taking these actions ... because the building permit was not the real issue considered by the board,” the filings say. “It was under the guise of reviewing [Schoepp’s] building permit that the Board instead took liberties to unlawfully review and effectively reverse the Planning Commission.”

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