Where operator of medical marijuana dispensary never applied for an operating permit as required by local ordinance, Government Code section providing a 90-day statute of limitations for actions “to determine the reasonableness, legality, or validity of any condition attached to a variance, conditional use permit, or any other permit” did not apply. Ninety-day period in which to challenge a local zoning ordinance on its face under Sec. 65009(c)(1)(B) runs from date the ordinance is enacted, not from date that locality first attempts to enforce it against plaintiff. Plaintiff’s assertion that it was challenging ordinance “as applied” did not render 90-day statute inapplicable where the harm alleged by plaintiff–that it was ordered to stop operating–resulted solely from the enactment of the ordinance and not from any “final administrative action” or permit condition.
County of Sonoma v. Superior Court (Marvin’s Gardens Cooperative, Inc.) – filed December 15, 2010, First District, Div. Five
Cite as A128734