WINDSOR - Lazarus Pino, owner of MediGrow medical marijuana dispensary, will be sentenced June 17 after being found guilty of 76 violations of Windsor's moratorium on medical marijuana dispensaries.
But Pino will not face penalties for operating his business without a building permit after Windsor Municipal Judge Michael E. Manning dismissed 65 building permit violations.
Pino's attorney, Daniel Taylor of Wheat Ridge, argued the moratorium, which went into effect Dec. 16, should not apply to MediGrow because the business opened Dec. 14.
"There's no evidence to show why the Town Council (Windsor Town Board) chose to restrict the number of days the business had to be open to five, meaning it had to be arbitrary," Taylor said. "They were making a quasijudicial decision to keep him (Pino) out."
When the town passed its moratorium in December, it allowed two dispensaries, In Harmony Wellness and A New Dawn Wellness Clinic, to remain open. The original moratorium was passed for 75 days and has been extended twice since then. It currently is set to expire Aug. 31.
The moratorium ordinance language stipulates a dispensary must have been open five days at least to avoid being closed for the duration of the moratorium.
Windsor's legal battles against MediGrow stem from Pino's decision to defy the moratorium on medical marijuana dispensaries.
Windsor has been fining the business $600 per day, $300 for operating in defiance of the moratorium since Dec. 17 and $300 for being open without proper building permits since Jan. 5.
MediGrow has been issued a total of $62,100 in fines through April 28, after which the fines were no longer issued.
The fight between Windsor and MediGrow had three fronts. In addition to municipal and district court battles, MediGrow had filed an appeal with the Windsor Board of Appeals to overturn a condemnation order issued by Windsor Director of Planning Joe Plummer declaring the business unfit for human occupancy because of building-code violations.
News Hawk: Warbux 420 MAGAZINE
Source: coloradoan.com
Author: Ashley Keesis-Wood
Contact: ashleykeesis@ windsorbeacon.com
Copyright: 2010 The Windsor Beacon
Website: Marijuana dispensary owner found guilty of 76 violations | coloradoan.com | The Coloradoan
But Pino will not face penalties for operating his business without a building permit after Windsor Municipal Judge Michael E. Manning dismissed 65 building permit violations.
Pino's attorney, Daniel Taylor of Wheat Ridge, argued the moratorium, which went into effect Dec. 16, should not apply to MediGrow because the business opened Dec. 14.
"There's no evidence to show why the Town Council (Windsor Town Board) chose to restrict the number of days the business had to be open to five, meaning it had to be arbitrary," Taylor said. "They were making a quasijudicial decision to keep him (Pino) out."
When the town passed its moratorium in December, it allowed two dispensaries, In Harmony Wellness and A New Dawn Wellness Clinic, to remain open. The original moratorium was passed for 75 days and has been extended twice since then. It currently is set to expire Aug. 31.
The moratorium ordinance language stipulates a dispensary must have been open five days at least to avoid being closed for the duration of the moratorium.
Windsor's legal battles against MediGrow stem from Pino's decision to defy the moratorium on medical marijuana dispensaries.
Windsor has been fining the business $600 per day, $300 for operating in defiance of the moratorium since Dec. 17 and $300 for being open without proper building permits since Jan. 5.
MediGrow has been issued a total of $62,100 in fines through April 28, after which the fines were no longer issued.
The fight between Windsor and MediGrow had three fronts. In addition to municipal and district court battles, MediGrow had filed an appeal with the Windsor Board of Appeals to overturn a condemnation order issued by Windsor Director of Planning Joe Plummer declaring the business unfit for human occupancy because of building-code violations.
News Hawk: Warbux 420 MAGAZINE
Source: coloradoan.com
Author: Ashley Keesis-Wood
Contact: ashleykeesis@ windsorbeacon.com
Copyright: 2010 The Windsor Beacon
Website: Marijuana dispensary owner found guilty of 76 violations | coloradoan.com | The Coloradoan
