POT CLUB LOSES ZONING BATTLE; JUDGE RULES OWNER CANNOT IMPOSE WILL ON CITY.

Byline: Jesse Hiestand Daily News Staff Writer

A Superior Court judge refused Friday to order Thousand Oaks to amend its municipal code and grant a certificate of occupancy to a medical-marijuana clinic.

Judge Barbara Lane denied a request by Andrea Nagy, owner and operator of the Ventura County Medical Cannabis Center, that she be issued the certificate she needs to install plumbing and other equipment to grow more high-grade pot.

Lane said Nagy and her attorney failed to prove that the club was entitled to the certificate or that the court could order the city to grant it.

``It just isn't the American system where you come to court and ask a judge to boss people around,'' Lane said. ``It's very difficult to get this type of injunction by asking a court to tell another branch of government what to do.''

Deputy City Attorney Jim Friedl argued that Nagy was trying to circumvent the city's effort to study the legality of modifying the code to include medical-marijuana clinics - a 45-day process that includes a public meeting on Jan. 27.

``There should be a timeout period for the city to look at these regulations to consider where and how this business should be regulated,'' said Friedl, who added that city officials consider the center to be illegal, despite the approval last year of Proposition 215, which allows patients with a doctor's permission to use and cultivate marijuana.

Nagy left the courtroom in tears, comforted by attorney James M. Silva and a few of the club's clients who, like Nagy, say that marijuana eases the pain of cancer, migraine headaches and other maladies.

Nagy's chief concern was that she needs to upgrade her cultivation system so her current crop does not wither and die.

``She's obstructing justice,'' Nagy said of the judge's ruling.

Silva said he was unsure whether he would pursue a permanent injunction or to bring the issue before the City Council - alternative solutions suggested by Lane.

``The patients who are in need of Ms. Nagy's services and are seriously ill cannot wait for another City Council election so they can have an ear for their cause,'' said Silva, who considers the current board to be hostile toward Nagy's cause.

However, the council failed last month to muster enough votes to impose a moratorium on the pot club, which allowed Nagy to continue operating, although without proper zoning permits.

What prompted Friday's hearing was the council's failure to consider Nagy's request for zoning modification, an issue that was on the agenda at that December meeting.

But of more concern now for Nagy and her attorney is that two council members sent a letter Thursday to U.S. Attorney Nora Manella in Los Angeles asking her to investigate whether the Ventura County Medical Cannabis Center is violating federal drug laws.

That letter was co-signed by Councilman Andy Fox and Mayor Mike Markey, both of whom voted in December to shut down the club.

``My goal is to close her down because she's doing something illegal,'' said Markey, a retired Compton police officer.

Markey said he and Fox, a Los Angeles firefighter, oppose the club's practices on land planning, health and legal grounds.

``When we say to our kids `just say no to drugs' and then it's OK to sell drugs out of a store, that's hypocrisy,'' he said.