By Joe Tash
Del Mar’s first and only medical marijuana cooperative has closed for good under a lawsuit settlement approved unanimously Monday by the City Council during a closed session meeting with attorneys.
The settlement was announced by City Attorney Leslie Devaney after the council returned to open session. It calls for Patrick Kennedy, the operator of the 1105 Cooperative, to pay $10,000 to the city by Friday, and bars him from opening a medical marijuana dispensary in the city for seven years. If the terms of the settlement are violated, Devaney said, Kennedy would owe the city $62,350.
Bob Mahlowitz, an attorney who represented the city in its lawsuit against the cooperative, said the larger figure represents cumulative fines levied against the cooperative for operating without a business license and violating city zoning laws.
Attorney Jessica McElfresh, who represents Kennedy and the cooperative, said her client has agreed to the settlement.
The cooperative opened April 1 at 1105 Camino Del Mar, and the city immediately notified Kennedy through a hand-delivered letter that his business license had been revoked, and that the city’s zoning laws do not allow marijuana dispensaries anywhere within Del Mar.
Kennedy remained open in defiance of the city’s attempts to close the cooperative until July, when the city filed its lawsuit and a judge issued a temporary injunction ordering the cooperative to cease operations. Although Kennedy said in July that he planned to fight in court to reopen the cooperative, the storefront has since been vacated. Kennedy could not be reached for comment Tuesday.
“If everything goes according to plan it should be finally resolved,” Mahlowitz said of the lawsuit.