Choose Donald Harris discovered the well being division’s order revoking the dispensary’s license “lacks any authorized or equitable justification” and the expedited course of violated the enterprise’ due course of rights.
The choose put a keep on the license revocation and the events agreed to dismiss the case in order that MOMS may pursue damages by submitting a separate motion.
The following week, although, an inspector for the state well being division’s Medical Marijuana Program emailed the Billings Police Division and stated MOMS was working illegally as a result of it didn’t have a sound supplier license, in accordance with the plaintiffs.
Police sought a warrant to go looking the dispensary, noting within the warrant utility that the district court docket had upheld the state’s determination to revoke the supplier license, and asserting that MOMS was illegally promoting marijuana.
Though it was unfaithful, the court docket granted the search warrant. There are eight judges within the Yellowstone County District Courtroom.
Plaintiffs referred to as the detective’s presentation of the information within the search warrant utility “judicial deception.”
“These omissions and representations have been made intentionally, or at a minimal recklessly,” the lawsuit acknowledged.
It stated “even a quick studying of the” court docket’s order made clear that it didn’t uphold the license revocation, because the state well being inspector had asserted.