Katelyn Baker
Well-Known Member
An industrial park is suing Fairview over whether local governments that prohibit medical marijuana production are overstepping their authority under Oregon law.
The lawsuit, filed in Multnomah County on June 27, claims Eastwind Industrial Parks lawsuit lost revenue from medical marijuana growers who stopped renting at the park after Fairview city officials told them they could not grow on the property.
The city's codes prohibit medical marijuana grows regardless of whether the operation is registered with the state.
The lawsuit asks Fairview to issue an injunction against the enforcement of the city's law regarding the growth of medical marijuana.
Eastwind rented to four registered medical marijuana growers before March 2016, the lawsuit said. In early March, the city sent a letter to park owner Gary Troutner informing him the park was in violation of city code.
A few days later, Fairview employees inspected the park. On March 28, the city sent a letter demanding that all medical marijuana grows at the park be shut down, the lawsuit said.
Troutner instructed his tenants to stop growing. Three of four stopped renting, and Troutner expects the fourth to leave soon, the lawsuit said. Troutner has lost $3,290 a month in rent and will lose another $880 when the fourth tenant leaves, the lawsuit said.
Oregon law allows cities to prohibit recreational marijuana producers, processors and sales, as well as medical processors and dispensaries. Cities and counties can regulate medical marijuana production, including a grow's hours of operation, location, the public's access and how products are transported.
However, according to a guide by the League of Oregon Cities, state law does not specify whether a city can ban medical marijuana grows. The league advises that cities considering banning medical marijuana grows consult with their city attorney.
The lawsuit claims Fairview is overstepping its authority.
"There's no authority from the state for a city to ban (on medical growing)," the park's lawyer Bear Wilner-Nugent said.
Fairview's city attorney Ashley Driscoll declined to comment on the lawsuit.
The issue of local control over marijuana has been controversial. Lawmakers have struggled over how much power to give to cities and counties to prohibit medical marijuana facilities and retail sales of the drug.
Under Measure 91, in most areas only voters can approve a ban if they collect enough signatures to put the issue on the ballot. In 15 eastern Oregon counties where at least 55 percent of voters opposed Measure 91, city councils and county commissions can vote to prohibit any marijuana business.
Many cities and counties have effectively banned medical marijuana dispensaries, and 19 counties and 81 cities have opted out of recreational marijuana sales. Many others have high local taxes to discourage recreational retailers - including Fairview, which has a 40 percent tax.
There was no hearing scheduled for the lawsuit on Wednesday morning.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Fairview Sued By Industrial Park For Medical Marijuana Laws
Author: Samantha Matsumoto
Contact: The Oregonian
Photo Credit: The Associated Press
Website: The Oregonian
The lawsuit, filed in Multnomah County on June 27, claims Eastwind Industrial Parks lawsuit lost revenue from medical marijuana growers who stopped renting at the park after Fairview city officials told them they could not grow on the property.
The city's codes prohibit medical marijuana grows regardless of whether the operation is registered with the state.
The lawsuit asks Fairview to issue an injunction against the enforcement of the city's law regarding the growth of medical marijuana.
Eastwind rented to four registered medical marijuana growers before March 2016, the lawsuit said. In early March, the city sent a letter to park owner Gary Troutner informing him the park was in violation of city code.
A few days later, Fairview employees inspected the park. On March 28, the city sent a letter demanding that all medical marijuana grows at the park be shut down, the lawsuit said.
Troutner instructed his tenants to stop growing. Three of four stopped renting, and Troutner expects the fourth to leave soon, the lawsuit said. Troutner has lost $3,290 a month in rent and will lose another $880 when the fourth tenant leaves, the lawsuit said.
Oregon law allows cities to prohibit recreational marijuana producers, processors and sales, as well as medical processors and dispensaries. Cities and counties can regulate medical marijuana production, including a grow's hours of operation, location, the public's access and how products are transported.
However, according to a guide by the League of Oregon Cities, state law does not specify whether a city can ban medical marijuana grows. The league advises that cities considering banning medical marijuana grows consult with their city attorney.
The lawsuit claims Fairview is overstepping its authority.
"There's no authority from the state for a city to ban (on medical growing)," the park's lawyer Bear Wilner-Nugent said.
Fairview's city attorney Ashley Driscoll declined to comment on the lawsuit.
The issue of local control over marijuana has been controversial. Lawmakers have struggled over how much power to give to cities and counties to prohibit medical marijuana facilities and retail sales of the drug.
Under Measure 91, in most areas only voters can approve a ban if they collect enough signatures to put the issue on the ballot. In 15 eastern Oregon counties where at least 55 percent of voters opposed Measure 91, city councils and county commissions can vote to prohibit any marijuana business.
Many cities and counties have effectively banned medical marijuana dispensaries, and 19 counties and 81 cities have opted out of recreational marijuana sales. Many others have high local taxes to discourage recreational retailers - including Fairview, which has a 40 percent tax.
There was no hearing scheduled for the lawsuit on Wednesday morning.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Fairview Sued By Industrial Park For Medical Marijuana Laws
Author: Samantha Matsumoto
Contact: The Oregonian
Photo Credit: The Associated Press
Website: The Oregonian
