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Cannabis News
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JUDGE STOPS HIGHLAND PARK FROM ISSUING ADULT-USE CANNABIS LICENSES FOLLOWING
LAWSUIT


THE CITY IS ACCUSED OF CREATING AN ILLEGAL ORDINANCE THAT BENEFITS POLITICAL
SUPPORTERS

By Steve Neavling on Thu, Jun 15, 2023 at 10:53 am

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click to enlarge
Steve Neavling
Highland Park was expected to soon begin issuing licenses for recreational
marijuana businesses.

A judge has temporarily blocked the city of Highland Park from issuing licenses
to recreational marijuana businesses following a lawsuit that alleges the city’s
controversial cannabis ordinance is illegal.

Wayne County Circuit Court Judge Denise Qiana Lillard issued a temporary
restraining order Monday in what could be the first step before the ordinance is
struck down.

Entrepreneur Marcelus Brice filed the lawsuit last month, arguing the city
failed to follow the required steps in approving the ordinance and improperly
gave the city clerk sole authority to dole out the licenses, which he argues
exposes the city to corruption.



Highland Park Clerk Brenda Green was expected to soon begin issuing licenses.
The city is accepting applications until June 19.

By issuing the temporary restraining order, the judge is acknowledging Brice has
a good case, his attorney Ryan Hill says.

“Lillard granted the temporary restraining order because she felt there was
immediate harm if the city went forward with the applications and granted them,”
Hill tells Metro Times. “To issue the temporary restraining order, there has to
be a likelihood of success based on the merits. In this situation, Judge Lillard
made the right ruling.”

Lillard moved the case to Judge Susan L. Hubbard’s courtroom because she’s
presiding over a similar case stemming from a lawsuit filed by Highland Park
activist Robert Davis.

Both lawsuits allege the city violated the Michigan Zoning and Enabling Act by
failing to get approval for the ordinance from the Planning Commission, which is
required to hold public hearings on zoning changes.

The ordinance includes five zones where dispensaries are permitted to open. One
is a two-block area of Woodward Avenue, where “a major funder” to city officials
has a building, Brice says. The donor also has a cannabis processing license.

“If you look at the zoning ordinance, there are property owners who I think are
being favored,” Hill says. “There are a few families that have vested interests,
and it would seem, ties with the mayor or the clerk. It seems odd that some of
these areas that were handpicked would benefit certain property owners … They
have to make it fair for everybody.”

LaKisha Brown, a spokeswoman for Highland Park, denied the mayor received funds
from "a major donor."

"Mayor McDonald's campaign was not funded by a 'major donor' and she turned down
multiple funders, including Mr. Brice who came to her home offering to help with
her campaign," Brown says.

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The lawsuit also alleges the clerk should not have the sole authority to accept
and award licenses because it would open the city up to corruption and a lack of
accountability and transparency. Municipalities typically empower a planning
commission or appointed board to determine who gets a license.

The city council, which has all new members, has tried to amend the cannabis
ordinance to address the issues raised in the lawsuit, but Mayor Glenda McDonald
has vetoed those efforts.

Brice says the temporary restraining order was “definitely a victory” and
prevents the city from awarding licenses through a process that is likely
illegal.

“It’s really hard to get a court to take away a license when it has been awarded
when there is no fault by the applicant,” Brice tells Metro Times. “It could
create a lot of problems in the future. It stops the city from sneakily giving
away licenses.”

Brice adds, “We are very hopeful that Judge Hubbard will more than likely throw
this ordinance out.”

McDonald has declined to comment on the ordinance.

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TAGS:

 * marijuana,
 * dispensaries,
 * Denise Qiana Lillard,
 * Wayne County Circuit Court,
 * lawsuit,
 * Highland Park,
 * recreational marijuana ordinance


ABOUT THE AUTHOR

STEVE NEAVLING

Steve Neavling on Twitter
Email Steve Neavling
Steve Neavling is an award-winning investigative journalist who operated Motor
City Muckraker, an online news site devoted to exposing abuses of power and
holding public officials accountable. Neavling also hosted Muckraker Report on
910AM from September 2017 to July 2018. Before launching Motor City
Muckraker,...
Scroll to read more Cannabis News articles



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LEGAL ACTION THREATENED AFTER CANNABIS DISPENSARY PREPARES TO OPEN IN HIGHLAND
PARK


A JUDGE STRUCK DOWN THE CITY’S MARIJUANA ORDINANCE, BUT THAT HASN’T STOPPED A
COMPANY FROM TRYING TO OPEN A DISPENSARY

By Steve Neavling on Thu, Jan 11, 2024 at 2:15 pm

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click to enlarge
Steve Neavling
Nar Cannabis recently renovated this building in Highland Park, despite the city
lacking an ordinance to allow recreational dispensaries to open.

Highland Park City Councilman Khursheed Ash-Shafii couldn’t believe his eyes.

After a judge struck down the city’s problematic recreational cannabis ordinance
in July, a Michigan-based marijuana company went ahead and transformed a vacant
building in the city into a dispensary anway.

Nar Cannabis paved a new parking lot, renovated and painted the building, and
installed signs and lights on Victor Street near Woodward Avenue.



The building hasn’t opened yet, but Ash-Shafii says representatives from the
company were handing out T-shirts at the city’s Christmas tree lighting ceremony
last month.

Ash-Shafii is suspicious that something “sinister” is happening behind closed
doors. To renovate a building and erect signs, the company would need various
permits from the city.

“So why would you allow someone to come into this city, pull a permit for
electrical, plumbing, construction, and signage for a dispensary you know is
never going to open, unless you have something sinister going on in the
background and you found a loophole to open the dispensary,” Ash-Shafii tells
Metro Times. “A dispensary is not a cheap investment. You are talking about at
least a $100,000 investment to get the building ready. Who spends that kind of
money unless they were promised something?”

Mayor Glenda McDonald declined to comment, citing “litigation that is pending.”

Nar Cannabis did not respond to Metro Times’s calls and emails for comment.

In May, Highland Park activist Robert Davis filed a lawsuit against the city,
alleging the ordinance violated the Michigan Zoning and Enabling Act because
city officials failed to get approval from the city's Planning Commission to
create eight zones where cannabis businesses were permitted to open. Davis
claimed the past city council created the zones to benefit donors who had
property in those areas.

Wayne County Circuit Judge Susan Hubbard agreed that the ordinance violated the
act and struck down the ordinance in July.

The Michigan Cannabis Regulatory Agency has not approved a license for the
dispensary.

Without a valid ordinance, dispensaries are prohibited from opening.

“Why would someone spend an unknown amount of money refurbishing a building,
putting up signs, and advertising for a dispensary that has already been
determined to be unlawful? It’s very suspicious to me,” Davis tells Metro Times.
“I think there may be some corrupt conduct behind the scenes between elected
officials in the city and the proposed building owner because it’s obvious from
Judge Hubbard’s ruling that no such dispensary can open in Highland Park.”

In an email to the judge and the city’s attorney on Jan. 5, Davis said the city
should be “held in civil and criminal contempt of Judge Hubbard’s order” if it
tries to open.

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Four minutes later, the city’s attorney, Anthony Chubb, responded to Davis,
saying Highland Park had not authorized the dispensary to open and would take
the issue to court if Nar Cannabis attempted to open.

“We are both on the same page [Nar Cannabis] should not be operating and if it
attempts to do so, you are welcome to concur in my motions to stop the same,”
Chubb wrote.

Chubb did not respond to Metro Times’s request for comment.

The mystery behind the building is just the latest eyebrow-raiser over Highland
Park’s defeated cannabis ordinance.

Last year, the newly elected council tried to amend the ordinance to make it
legal and to remove sections that council members said were ripe for corruption.
The ordinance, for example, gave the clerk sole authority to dole out licenses.
Typically cities give that responsibility to a board that can be held
accountable.

The ordinance also included five zones where dispensaries were permitted to
open. One was a two-block area of Woodward Avenue, where “a major funder” to
city officials has a building, activists said. The donor also has a cannabis
processing license.

Ash-Shafii says he’s not willing to create a new ordinance until illegal grow
facilities in the city are forced to shut down. He alleges that police are
looking the other way as illicit grow operations are cropping up in previously
abandoned buildings.

“I made it clear to the mayor and the other council members that I won’t discuss
a new ordinance until these illegal grow houses are shut down,” Ash-Shafii says.
“And when we do discuss an ordinance, I want to do a referendum and let the
people decide if they want it or not.”

Subscribe to Metro Times newsletters.

Follow us: Google News | NewsBreak | Reddit | Instagram | Facebook | Twitter


TAGS:

 * marijuana,
 * dispensaries,
 * Denise Qiana Lillard,
 * Wayne County Circuit Court,
 * lawsuit,
 * Highland Park,
 * recreational marijuana ordinance


ABOUT THE AUTHOR

STEVE NEAVLING

Steve Neavling on Twitter
Email Steve Neavling
Steve Neavling is an award-winning investigative journalist who operated Motor
City Muckraker, an online news site devoted to exposing abuses of power and
holding public officials accountable. Neavling also hosted Muckraker Report on
910AM from September 2017 to July 2018. Before launching Motor City
Muckraker,...
Scroll to read more Cannabis News articles



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