County of Sonoma v. Superior Court (Marvin's Gardens Cooperative, Inc.)

In County of Sonoma v. Superior Court (Marvin's Gardens Cooperative, Inc.) (2010) 190 Cal.App.4th 1312, the operators of a medical marijuana dispensary brought an action against the county to challenge the ordinance that governed the zoning of such dispensaries. The trial court sustained the operators' challenge on the ground that the ordinance was discriminatory in nature, and the county brought a petition for writ of mandate. The appellate court held that the challenge to the ordinance was a facial challenge that was required to be brought within 90 days of the effective date of the ordinance. (Id. at p. 1326.)