Marijuana developer files court challenge to Rockland moratorium – Courier

September 12th, 2018 by admin Leave a reply »

Rockland — A business that wants to open a marijuana production facility on Main Street has gone to court to overturn the emergency moratorium imposed last month by the Rockland City Council.

The complaint was filed in Knox County Superior Court by Attorney Joseph Baiungo of Belfast on behalf of Mark Crockett of Pen Bay Alternative Medicine Inc.

Crockett had filed an application with code enforcement office to open a production facility at 266 Main St. The Planning Board held a review of the proposal at an Aug. 7 meeting but the Council voted 3-2 at its Aug. 20 meeting to impose the 60-day emergency moratorium retroactive to when Crockett filed.

The court challenge maintains that there was no emergency to life, property or the public peace as is required by state law for an emergency moratorium to be adopted.

The complaint states that the Council’s claim that a scrivener’s error that makes it possible that a marijuana store could open under the city’s medical marijuana production facility is not an emergency. The Council has maintained that the scrivener error could allow retail sales without a vote of the Council as state law requires.

Baiungo argues in the court challenge that a scrivener error could be corrected by a simple change to the ordinance.

He also maintains that the procedure used by the Council violates its charter which requiring a first and second vote after which the law does not take effect for 30 days after that final vote. The Council only took a single

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