Hearing on Measure W scheduled for Friday, March 4, in Nevada County Superior Court | TheUnion.com

Hearing on Measure W scheduled for Friday, March 4, in Nevada County Superior Court

An emergency hearing to determine if Measure W should be removed from the June 7 ballot is scheduled for Friday in Nevada County Superior Court.

The hearing, requested by the father of a child who uses medicinal marijuana, is set for 9:30 a.m. at the Nevada County Courthouse, 201 Church St., Nevada City.

The hearing stems from Forrest Hurd's writ, filed Monday, asking that Measure W be removed from the ballot. He argues the ballot measure is "confusing, misleading, and contains significant untruths."

"Our Plan B here is to challenge the irresponsible way this was put on the ballot," Hurd said Monday.

“Our Plan B here is to challenge the irresponsible way this was put on the ballot.”Forrest Hurd

Measure W, if passed, would implement a voter-approved ban on outdoor grows and limit indoor grows to 12 plants. A supervisor-imposed ban currently exists.

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Hurd's writ initially was placed on a court calendar for June, leading attorney Heather Burke on Tuesday to schedule the Friday hearing.

According to Burke, she must show that imminent injury would occur if the measure appears on the ballot and that she has a substantial likelihood of winning the case based on the writ's arguments.

Burke anticipates a decision on Friday from the judge, who hasn't yet been assigned to the case.

Silas, Hurd's 8-year-old son, suffers from intractable epilepsy. It's resistant to many anti-seizure medications. Hurd said medical marijuana helps his son. He fears that limiting indoor grows and prohibiting outdoor ones will make getting the medicine impossible.

Burke in a statement asks that only other families with children suffering from intractable epilepsy attend the hearing, due to the seriousness of the issue for Hurd's family.

To contact Staff Writer Alan Riquelmy, email ariquelmy@theunion.com or call 530-477-4239.