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Upland Nursery Petitions Court For Right To Grow Medical Marijuana

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(credit: AP)

(credit: AP)

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UPLAND (AP) — A Southern California nursery has gone to court in a bid to grow medical marijuana.

Route 66 Nursery, which has been denied an Upland business license because the city zoning ordinance doesn’t allow medical marijuana dispensaries, filed a Superior Court petition on Feb. 4 in its attempt to operate the pot growing facility.

Nursery operator Van Ton’s license request describes the business activity as “plants, flowers, gardening, supplies and Proposition 215.”

The San Bernardino County Sun says the nursery claims it’s not a pot dispensary, but rather a private plant nursery where qualified medical marijuana patients can obtain a plot of land to grow the weed.

Route 66 Nursery wants a court injunction preventing the city from enforcing its ordinance.

City Attorney William Curley says he cannot comment.

(© Copyright 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

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