Katelyn Baker
Well-Known Member
Snowflake – Navajo County Superior Court by Judge Donna Grimsley ordered a dismissal of a lawsuit Dec. 7 involving the Town of Snowflake and Copperstate Farms – a proposed medical marijuana growth facility west of Snowflake.
In a hearing for Oral Argument on Nov. 30, the parties were allowed 45 minutes each regarding the defendants' motion to dismiss the amended complaint, though each side took far less time. Grimsley told the parties she would rule by minute entry sometime the week of Dec. 5.
The "Flake Lawsuit," as it is still called, was originally filed July 18 on behalf of Plaintiffs Lowry and Maylene Flake, Daniel Prestwich, Aaron Prestwich and George Wilkinson.
The first to drop out of the suit were the Flakes, then Prestwich and followed by Prestwich, leaving only Wilkinson. The lawsuit alleged open meeting law and contract violations as well as a code violation for the Special Use Permit issued to Copperstate.
Wilkinson lives in the mobile home located in the light industrial area, previously residential, near the Copperstate Farms facility, certified by Copperstate to be more than the required 500 feet from the proposed medical marijuana growth facility.
In the Order, Grimsley stated the plaintiff lacked standing regarding the Open Meeting Law and Contract claims because they failed to show real injury or individual effects on the plaintiff. Further, the order said Prestwich, though it should have stated Wilkinson (believed to be a typographical error or an error of names), does not live in a residentially zoned location and therefore does not apply to him.
The judge also included in the order that even if the plaintiff had standing, Arizona law does not support the claims and relief requested in the complaint.
Copperstate's attorneys Perkins Coie were directed by the court to prepare an order of dismissal for the court's signature.
Former Snowflake Mayor Thomas Poscharsky, who is an attorney himself and was mayor at the time the lawsuit was filed, said, "The court nor the AG's office has agreed with the plaintiffs' allegations. It shows this was a frivolous lawsuit and a harassment action. With the other side's attorney failing to show for the oral argument to dismiss the amended complaint, it shows they believe that throwing good money after bad is not worth it."
The only items left on the table at this point regarding the medical marijuana facilities issues are the complaint to the Attorney General's office regarding an Open Meeting Law violation. This complaint was filed separately by Attorney Kory Langhofer with a different office or division at the same time Rep. Paul Boyer filed the complaint against Snowflake. Boyer's complaint was the first filed under the newly passed SB 1487, which allows lawmakers to request the AG to investigate measures passed by municipalities or counties if they believe they violated state law. The AG's investigation found no basis for the allegations listed by Boyer in his complaint, but did find that the agreement to charge Copperstate $800,000 "may" have violated state or constitutional law.
Snowflake ultimately amended that facility's agreement, making that possible violation a moot point.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Dismissal Ordered In Marijuana Lawsuit
Author: Barbara Bruce
Contact: 928-537-5721
Photo Credit: Shutterstock
Website: White Mountain Independent
In a hearing for Oral Argument on Nov. 30, the parties were allowed 45 minutes each regarding the defendants' motion to dismiss the amended complaint, though each side took far less time. Grimsley told the parties she would rule by minute entry sometime the week of Dec. 5.
The "Flake Lawsuit," as it is still called, was originally filed July 18 on behalf of Plaintiffs Lowry and Maylene Flake, Daniel Prestwich, Aaron Prestwich and George Wilkinson.
The first to drop out of the suit were the Flakes, then Prestwich and followed by Prestwich, leaving only Wilkinson. The lawsuit alleged open meeting law and contract violations as well as a code violation for the Special Use Permit issued to Copperstate.
Wilkinson lives in the mobile home located in the light industrial area, previously residential, near the Copperstate Farms facility, certified by Copperstate to be more than the required 500 feet from the proposed medical marijuana growth facility.
In the Order, Grimsley stated the plaintiff lacked standing regarding the Open Meeting Law and Contract claims because they failed to show real injury or individual effects on the plaintiff. Further, the order said Prestwich, though it should have stated Wilkinson (believed to be a typographical error or an error of names), does not live in a residentially zoned location and therefore does not apply to him.
The judge also included in the order that even if the plaintiff had standing, Arizona law does not support the claims and relief requested in the complaint.
Copperstate's attorneys Perkins Coie were directed by the court to prepare an order of dismissal for the court's signature.
Former Snowflake Mayor Thomas Poscharsky, who is an attorney himself and was mayor at the time the lawsuit was filed, said, "The court nor the AG's office has agreed with the plaintiffs' allegations. It shows this was a frivolous lawsuit and a harassment action. With the other side's attorney failing to show for the oral argument to dismiss the amended complaint, it shows they believe that throwing good money after bad is not worth it."
The only items left on the table at this point regarding the medical marijuana facilities issues are the complaint to the Attorney General's office regarding an Open Meeting Law violation. This complaint was filed separately by Attorney Kory Langhofer with a different office or division at the same time Rep. Paul Boyer filed the complaint against Snowflake. Boyer's complaint was the first filed under the newly passed SB 1487, which allows lawmakers to request the AG to investigate measures passed by municipalities or counties if they believe they violated state law. The AG's investigation found no basis for the allegations listed by Boyer in his complaint, but did find that the agreement to charge Copperstate $800,000 "may" have violated state or constitutional law.
Snowflake ultimately amended that facility's agreement, making that possible violation a moot point.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Dismissal Ordered In Marijuana Lawsuit
Author: Barbara Bruce
Contact: 928-537-5721
Photo Credit: Shutterstock
Website: White Mountain Independent
