What is the test for determining whether a party can appeal against a finding that a party to the Cannabis Control Act is acting unlawfully?

California, United States of America


The following excerpt is from Cnty. of Kern v. Alta Sierra Holistic Exch. Serv., 259 Cal.Rptr.3d 563, 46 Cal.App.5th 82 (Cal. App. 2020):

Defendants' appeal raises an issue of statutory construction and challenges the sufficiency of the evidence for the trial court's findings. Courts "apply independent judgment when construing constitutional and statutory provisions." ( California Cannabis Coalition v. City of Upland, supra , 3 Cal.5th at p. 934, 222 Cal.Rptr.3d 210, 401 P.3d 49 ; see T.C.E.F., supra , 246 Cal.App.4th at p. 316, 200 Cal.Rptr.3d 714 ["issues of statutory construction are questions of law subject to independent review"].) "The sufficiency of the evidence for a trial court's express or implied [factual] findings is reviewed under the deferential substantial evidence standard." ( T.C.E.F., supra , 246 Cal.App.4th at p. 316, 200 Cal.Rptr.3d 714.)

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