County of Butte v. Superior Court of Butte County, No. C057152

Petition for writ of mandate to overrule a trial court ruling regarding rights related to possession of medical marijuana is denied where the Constitution and laws of the state provide real party in interest Williams relief at law to bring a civil action based on a violation of his constitutional rights, and seek an adjudication as to whether the deputy had probable cause to order Williams to destroy his property or whether a lack of probable cause led to a violation of his constitutional rights.    

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Appellate Information
ORIGINAL PROCEEDING after a judgment of the Superior Court of Butte County, Barbara L. Roberts, Judge. Petition denied.
THIRD APPELLATE DISTRICT
Filed: July 1, 2009

Judges
Before RAYE, J., SCOTLAND, J., MORRISON, J.
Opinion by RAYE, J.
Dissenting Opinion by MORRISON, J.

Counsel
For Petitioner: Bruce S. Alpert and Brad J. Stephens, County Counsel.

For Real Party in Interest: Joseph D. Elford.