jujubee
Active Member
Leo has been having a bunch of trouble up north.
Marijuana dispensary dispute still in court
Oct. 17 edition: FRENCHVILLE, Maine - The question of whether or not a St. John Valley medical marijuana facility will remain in business may end up in the hands of the courts.
Earlier this summer Safe Alternatives, a state-approved medical marijuana facility in Frenchville, filed a complaint against the town in Caribou Superior Court. This relates to the ongoing dispute surrounding the town of Frenchville's medical marijuana ordinance and its legitimacy in regulating Safe Alternatives.
"We are trying to negotiate an outcome friendly to all parties," Safe Alternative's attorney Jonathan Berry said during a phone call on Wednesday, Oct. 11.
Berry said that, although some negotiations would continue outside of the courtroom, guidance from the court is still being sought, including a conference among the lawyers and Judge E. Allen Hunter.
The Caribou court clerk has confirmed that such a conference, via telephone, has been scheduled for Oct. 23.
Safe Alternatives and Leo Trudel, the principal officer and one of the organization's directors, are listed as the plaintiffs in the filing. No individual town employees or elected officials are named as defendants in the filing.
Among the specific items in the complaint are allegations that that town ordinance is unallowable under the state's medical marijuana law, that the town's lack of a comprehensive plan makes any ordinance void, and that the civil rights of Trudel and organization are being violated.
In its response to the complaint, the town has denied that the civil rights of either Trudel or Safe Alternatives were violated, and argues that not all administrative remedies have yet been tried in an effort to reach a resolution, according to court documents.
Court papers filed on the town's behalf by the law firm Richardson, Whitman, Large and Badger also contend that state and federal constitutional claims against the municipality are "barred by the doctrine of immunity."
In a recent phone conversation, Casey Cote, Frenchville's town manager, said further litigation is pending, and that a final resolution is not expected any time soon.
Cote confirmed that attorney Fred Costlow, of Large and Badger, has taken over the legal work regarding the court case. The town's insurance through the Maine Municipal Association provides legal assistance in such instances, and selected the Portland-based firm. The town's regular attorney, Richard Currier of Presque Isle, will also be involved as needed.
The town also asserts that the activities at Safe Alternatives that pertain to the complaint are themselves illegal under federal law, and so the organization is not entitled to any legal protection. Despite laws in Maine and several other states, the possession, cultivation and distribution of marijuana is prohibited under the federal Controlled Substances Act of 1970.
In 2009, the U.S. Attorney General's office announced it would effectively stop prosecuting individuals who are in compliance with a state's medical marijuana laws.
Both parties are requesting that legal fees be reimbursed if the case is judged in their favor, and Safe Alternatives is also asking for punitive damages, according to court documents.
Also happening in parallel with the court process is the town's denial of Safe Alternatives zoning appeal.
In a Frenchville Board of Appeals ruling this past August, the five-member group had upheld the previous Planning Board's decision to deny approval of a permit to Safe Alternatives, under the community's medical marijuana ordinance.
Cote said that there have been no further actions taken against Safe Alternatives regarding the ordinance violations, and the next steps outside of the litigation process would involve Safe Alternatives submitting a new application. However, the town manager admitted that the final outcome of the court proceedings would impact the municipal permitting and appeals issue, one way or another.
Berry said Monday that the court had taken no actions on the filings up to that point, other than to schedule the conference with lawyers.
Safe Alternatives has been registered dispensary with the state of Maine since June of 2010. No one from Safe Alternatives was available for comment.
Read more: St. John Valley Times - Marijuana dispensary dispute still in court
Marijuana dispensary dispute still in court
Oct. 17 edition: FRENCHVILLE, Maine - The question of whether or not a St. John Valley medical marijuana facility will remain in business may end up in the hands of the courts.
Earlier this summer Safe Alternatives, a state-approved medical marijuana facility in Frenchville, filed a complaint against the town in Caribou Superior Court. This relates to the ongoing dispute surrounding the town of Frenchville's medical marijuana ordinance and its legitimacy in regulating Safe Alternatives.
"We are trying to negotiate an outcome friendly to all parties," Safe Alternative's attorney Jonathan Berry said during a phone call on Wednesday, Oct. 11.
Berry said that, although some negotiations would continue outside of the courtroom, guidance from the court is still being sought, including a conference among the lawyers and Judge E. Allen Hunter.
The Caribou court clerk has confirmed that such a conference, via telephone, has been scheduled for Oct. 23.
Safe Alternatives and Leo Trudel, the principal officer and one of the organization's directors, are listed as the plaintiffs in the filing. No individual town employees or elected officials are named as defendants in the filing.
Among the specific items in the complaint are allegations that that town ordinance is unallowable under the state's medical marijuana law, that the town's lack of a comprehensive plan makes any ordinance void, and that the civil rights of Trudel and organization are being violated.
In its response to the complaint, the town has denied that the civil rights of either Trudel or Safe Alternatives were violated, and argues that not all administrative remedies have yet been tried in an effort to reach a resolution, according to court documents.
Court papers filed on the town's behalf by the law firm Richardson, Whitman, Large and Badger also contend that state and federal constitutional claims against the municipality are "barred by the doctrine of immunity."
In a recent phone conversation, Casey Cote, Frenchville's town manager, said further litigation is pending, and that a final resolution is not expected any time soon.
Cote confirmed that attorney Fred Costlow, of Large and Badger, has taken over the legal work regarding the court case. The town's insurance through the Maine Municipal Association provides legal assistance in such instances, and selected the Portland-based firm. The town's regular attorney, Richard Currier of Presque Isle, will also be involved as needed.
The town also asserts that the activities at Safe Alternatives that pertain to the complaint are themselves illegal under federal law, and so the organization is not entitled to any legal protection. Despite laws in Maine and several other states, the possession, cultivation and distribution of marijuana is prohibited under the federal Controlled Substances Act of 1970.
In 2009, the U.S. Attorney General's office announced it would effectively stop prosecuting individuals who are in compliance with a state's medical marijuana laws.
Both parties are requesting that legal fees be reimbursed if the case is judged in their favor, and Safe Alternatives is also asking for punitive damages, according to court documents.
Also happening in parallel with the court process is the town's denial of Safe Alternatives zoning appeal.
In a Frenchville Board of Appeals ruling this past August, the five-member group had upheld the previous Planning Board's decision to deny approval of a permit to Safe Alternatives, under the community's medical marijuana ordinance.
Cote said that there have been no further actions taken against Safe Alternatives regarding the ordinance violations, and the next steps outside of the litigation process would involve Safe Alternatives submitting a new application. However, the town manager admitted that the final outcome of the court proceedings would impact the municipal permitting and appeals issue, one way or another.
Berry said Monday that the court had taken no actions on the filings up to that point, other than to schedule the conference with lawyers.
Safe Alternatives has been registered dispensary with the state of Maine since June of 2010. No one from Safe Alternatives was available for comment.
Read more: St. John Valley Times - Marijuana dispensary dispute still in court