MUSKEGON TWP., MI - A lawsuit filed against Muskegon Charter Township by a Muskegon County cannabis company has been refiled, after being initially resolved in January.
Agri-Med, which owns Park Place Provisionary, 1922 Park Street, and another marijuana dispensary in Nunica, filed a temporary restraining order against two dispensaries that received licenses to open in the township in April.
Those businesses, Green Peak Industries and Warren Elite PC, were given licenses for recreational and medical marijuana sales, and, due to how the township’s ordinance is written, were chosen over Agri-Med.
Shortly thereafter, Agri-Med filed an order that would halt those businesses from moving forward. The township and the cannabis company will head to court on July 22 for a hearing.
Citing the advice of counsel, Agri-Med’s owner, Greg Maki, declined to comment to MLive.
In the meantime, Muskegon Township approved nearly $18,000 in legal fees related to the suit.
Township Supervisor Jennifer Hodges told MLive that the township’s insurance company is taking over the case, and would likely eventually reimburse the township for those fees.
“I’m not super worried about it,” Hodges said. “I am concerned, but I feel strongly that our ordinance is a very valid ordinance and a well-written ordinance.”
In November, Agri-Med filed suit against Muskegon Township, arguing that they had waited in line after the township passed a set of ordinances allowing up to seven dispensaries to operate along commercial corridors on East Apple Avenue, Laketon Avenue, Whitehall Road and Holton Road.
By waiting, Agri-Med argued, they believed they were guaranteeing themselves a “first-come, first-served” approval for cannabis licenses.
The township countered that the law stated that the township board would review applications in the order they were submitted, but that all approvals were subject to a vote by the board.
Following the resolution of that lawsuit, in January, Muskegon Township approved three new businesses that month, and two more in April, adding to two that had been approved in November.
That means that all seven available dispensary licenses have been awarded, and none of them to Agri-Med.
The reopening of Agri-Med’s legal action is in response to the final two businesses to have received their licenses in April.
RELATED: Muskegon Township approves 2 more marijuana dispensaries, bringing total to 7
On Monday, April 20, the township board considered four applications for the two remaining spots. The township ordinance is written in order to space out dispensaries by at least 1,000 feet.
The proposed locations for each of the four businesses were close enough together that the the township was essentially choosing one Holton Road option, and one Apple Avenue option.
Ultimately, the board approved the two applications from Warren Elite and Green Peak, and rejected the two applications from Agri-Med.
Hodges previously told MLive that those final decisions were made based on the size of buildings, effects on traffic, and the quality and number of jobs to be created.
Those two dispensaries are now on hold until this latest court case is resolved.
“We’re just all in limbo,” Hodges said.
In October 2019, Muskegon Township passed a set of ordinances allowing for the establishment of cannabis businesses - to both grow and sell marijuana and related products - along commercial corridors on East Apple Avenue, Laketon Avenue, Whitehall Road and Holton Road, and within a 115-acre growing and processing overlay district.
The township’s first dispensary, Cloud Cannabis, opened last month. That shop is owned by Oak Flint, LLC, a Livonia-based company, and is located at 2190 Whitehall Road.
Ground is also expected to break soon on a dispensary at 1401 and 1403 Apple Ave., owned by NoBo Michigan, Hodges said.
The final list of approved dispensaries is as follows:
- 2190 Whitehall Road, owned by Oak Flint.
- 1249 E. Laketon Ave., owned by Main Street Products.
- 1965 Holton Road, owned by Warren Elite.
- 1401 and 1403 Apple Ave, owned by NoBo Michigan.
- 3737 E. Apple Ave., owned by Main Street Products.
- 2345 E. Apple Ave., owned by Green Peak Industries.
- 1446 Holton Road, owned by Warren Elite.
Muskegon Township has also approved one marijuana grow operation: an 11,000-square-foot industrial marijuana growing facility to be owned and operated by Missouri-based Root Weaver, to be located at 3129 E. Laketon Ave.
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