A last-ditch effort by the Granby Board of Trustees to stop a marijuana business from opening in an unincorporated enclave within the town could lead to a legal showdown.
The board will consider an emergency ordinance to annex a property on U.S. 40 at its meeting Tuesday.
"You're telling me those people can't find a better place to put a marijuana store than in an island within the town of Granby that doesn't want it there to begin with?" said Wally Baird, Granby's town manager.
Granby narrowly voted against medical marijuana dispensaries in 2010, with roughly 53 percent of voters backing prohibition.
Though marijuana businesses are allowed in unincorporated Grand County, Granby is seeking to annex the property before MMK Limited LLC can obtain a county license for its marijuana retail shop.
The business would "immediately and adversely affect the health, safety and welfare of the citizens of the town," according to the proposed ordinance.
A complaint filed in Grand County District Court, dated Nov. 28, seeks to halt the annexation, stating that the move violates state statutes.
Both MMK Limited LLC and the property owner, LTTK LLC, are listed as plaintiffs in the complaint, with the Granby mayor, clerk and board of trustees listed as defendants.
A hearing on the matter scheduled for Friday was postponed pending the outcome of the upcoming board meeting.
"If in fact the town does vote to do something patently unconstitutional, then we will revisit the hearing and reschedule the hearing," said Bob Hoban of Denver-based law firm Hoban & Feola, which is representing MMK Limited LLC in the case.
Baird contended that legislative action, including the town's move to annex, couldn't be enjoined.
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Source: Colorado Breaking News, Sports, Weather, Traffic, Jobs - The Denver Post
Author: Hank Shell
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Website: Granby stages last-ditch effort against pot retailer - The Denver Post
The board will consider an emergency ordinance to annex a property on U.S. 40 at its meeting Tuesday.
"You're telling me those people can't find a better place to put a marijuana store than in an island within the town of Granby that doesn't want it there to begin with?" said Wally Baird, Granby's town manager.
Granby narrowly voted against medical marijuana dispensaries in 2010, with roughly 53 percent of voters backing prohibition.
Though marijuana businesses are allowed in unincorporated Grand County, Granby is seeking to annex the property before MMK Limited LLC can obtain a county license for its marijuana retail shop.
The business would "immediately and adversely affect the health, safety and welfare of the citizens of the town," according to the proposed ordinance.
A complaint filed in Grand County District Court, dated Nov. 28, seeks to halt the annexation, stating that the move violates state statutes.
Both MMK Limited LLC and the property owner, LTTK LLC, are listed as plaintiffs in the complaint, with the Granby mayor, clerk and board of trustees listed as defendants.
A hearing on the matter scheduled for Friday was postponed pending the outcome of the upcoming board meeting.
"If in fact the town does vote to do something patently unconstitutional, then we will revisit the hearing and reschedule the hearing," said Bob Hoban of Denver-based law firm Hoban & Feola, which is representing MMK Limited LLC in the case.
Baird contended that legislative action, including the town's move to annex, couldn't be enjoined.
News Moderator: Shandar @ 420 MAGAZINE ®
Source: Colorado Breaking News, Sports, Weather, Traffic, Jobs - The Denver Post
Author: Hank Shell
Contact: Contact Us - The Denver Post
Website: Granby stages last-ditch effort against pot retailer - The Denver Post
