Ms. Andrea Sullivan practices law in Humboldt, Lake, Mendocino, Trinity and Tehama County. This week in a Trinity County case, she got 18k reversed in cannabis related fines.
I reached out to Ms. Sullivan about the case.
Ms. Sullivan's client was a land owner who rented to a tenant. The tenant began cultivating cannabis without a permit. Ms. Sullivan client's property was ticketed with a Notice of Violation. However, neither the landowner nor the tenant were personally served.
Once Ms. Sullivan's client received a certified mailing of the Notice of Violation, he took steps to come into compliance. He had the tenant eradicate the plants and presented proof to the County. However, the County still tried to fine the landowner with almost $19k in fines. The court found that this violated due process and reversed all but $1050 of the fines.
"Many people in this landowner's situation do not know if there are any legal remedies," Ms. Sullivan told me.
"While not a common area of practice there are several attorneys in the Lake, Mendocino, and Humboldt counties who can assist if you receive a notice for code enforcement violations related to marijuana cultivation," said Ms. Sullivan. "Always contact an attorney if you are served with code enforcement violations related to marijuana cultivation."
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