Planet Greens dispensary
Planet Greens is one of the illegal dispensaries operating at a property owned by the Nobel Family Trust. The group has agreed to evict the dispensary in a settlement with the city. Photo courtesy of Google Map Street View

The owners of a Pacific Beach commercial property where marijuana dispensaries have operated were ordered Friday to pay $120,000 in civil penalties and other costs to the city of San Diego for violating zoning laws.

In October 2011, the City Attorney’s Code Enforcement Unit filed a civil injunction against the property owners, the Nobel Family Trust, John I. Nobel and Mahin Nobel as trustees; the Abeles Family Trust, David N. Abeles and Melody N. Abeles; and the dispensary operating at 936 Garnet Ave. at the time, Green Earth Management Inc., doing business as Green Earth Herbal Collective.

City Attorney Jan Goldsmith.

The dispensary vacated and settled with the city but the property owners have continued to litigate the matter and lease marijuana dispensaries, said City Attorney Jan Goldsmith. The dispensary “Planet Greens” currently operates at 936 Garnet Ave.

At a hearing today, Superior Court Judge Ronald Prager issued a final permanent injunction against each of the defendants for their unlawful conduct, restraining them from unlawfully maintaining a dispensary anywhere in the city of San Diego and to pay $1,800 in investigative costs to the city.

The City Attorney’s Office has two other dispensary cases pending with the Nobels.

“Property owners, as well as dispensary operators, need to know that they will be held accountable for violating our zoning laws,” Goldsmith said. “The City Attorney’s Office will be continuing to shut down dispensaries operating illegally in the city of San Diego.”

Last March, the City Attorney filed a similar injunction against the same defendants, who were leasing to four dispensaries in different suites at another commercial property of theirs at 3045 Rosecrans, namely, “Greenworks SD,” “Fresh Alternative Consulting,” “Green Wellness,” and “SB Health.”

The city obtained temporary restraining orders and preliminary injunctions or default judgments against the property owners and all of the dispensaries.

“Greenworks SD” moved to Engineer Road in San Diego where the dispensary caught fire in July as a result of the extraction of hash oil on site and the operator was arrested, Goldsmith said.

Due to the enforcement action by the city, the Nobels agreed to issue eviction notices and unlawful detainer actions to the dispensaries currently operating at their properties at 2603 University Ave., 936 Garnet Ave., 1150 Garnet Ave., 2015 Garnet Ave., 5560 La Jolla Blvd. and 841 Turquoise St. The dispensaries have not vacated those locations and are litigating the unlawful detainer actions, Goldsmith said.

On March 27, the City Attorney’s Office filed an additional complaint against the Nobels and the dispensary and operator of “PB 45 Cap,” operating at another one of their properties on Cass Street, across from St. Brigid Catholic Church in Pacific Beach.

The operator vacated and settled with the city.

City News Service