The Town of Windsor moved another step closer this week to permanently closing down MediGrow when owner Lazarus Pino let an appeals deadline pass.
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"This means we'll be able to go to Judge Hartmann (Weld County District Court Judge James E. Hartmann) and ask for a permanent injunction on both the moratorium violations and the building code," Windsor Town Attorney Ian McCargar said. "Once I get direction from the town board, I'll work with the court to set a date."
The appeal deadline was for a decision issued by the Windsor Board of Appeals on April 22, upholding a December decision by Windsor Planning Director Joe Plummer to declare MediGrow's building, 1292 Main St., Unit 1, unfit for human occupancy due to building code violations.
The town has been involved in legal action on three fronts against MediGrow since the town board issued a moratorium on medical marijuana dispensaries in December. When the town passed the moratorium, 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, and MediGrow did not meet that requirement.
Because Pino decided to keep his business open in defiance of the moratorium, Windsor had 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 was issued a total of $62,100 in fines through April 28, after which the fines were no longer issued.
In addition to the decision by the Board of Adjustment, Pino was guilty of 76 violations of the town's moratorium on medical marijuana dispensaries on May 20.
Manning, however, dismissed the 65 building permit violations brought against Pino by the town. Sentencing will take place June 17.
"The court finds that the moratorium issued is not unconstitutional," Manning said in making his ruling.
The third part of the legal fight took place in Weld County District Court, where on April 28, Hartmann issued a preliminary injunction against MediGrow on the question of whether the business should have been exempted from the moratorium, shutting it down.
That preliminary injunction will remain in force through the Weld County district trial, which has not been scheduled.
The strip mall housing Pino's business has gone to foreclosure, and the bank that now owns that property got an eviction order against Pino earlier this week. The Weld County Sheriff's Office carried out that eviction order on Tuesday, according to McCargar.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Windsor Beacon
Author: ASHLEY KEESIS-WOOD
Copyright: 2010 The Windsor Beacon
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"This means we'll be able to go to Judge Hartmann (Weld County District Court Judge James E. Hartmann) and ask for a permanent injunction on both the moratorium violations and the building code," Windsor Town Attorney Ian McCargar said. "Once I get direction from the town board, I'll work with the court to set a date."
The appeal deadline was for a decision issued by the Windsor Board of Appeals on April 22, upholding a December decision by Windsor Planning Director Joe Plummer to declare MediGrow's building, 1292 Main St., Unit 1, unfit for human occupancy due to building code violations.
The town has been involved in legal action on three fronts against MediGrow since the town board issued a moratorium on medical marijuana dispensaries in December. When the town passed the moratorium, 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, and MediGrow did not meet that requirement.
Because Pino decided to keep his business open in defiance of the moratorium, Windsor had 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 was issued a total of $62,100 in fines through April 28, after which the fines were no longer issued.
In addition to the decision by the Board of Adjustment, Pino was guilty of 76 violations of the town's moratorium on medical marijuana dispensaries on May 20.
Manning, however, dismissed the 65 building permit violations brought against Pino by the town. Sentencing will take place June 17.
"The court finds that the moratorium issued is not unconstitutional," Manning said in making his ruling.
The third part of the legal fight took place in Weld County District Court, where on April 28, Hartmann issued a preliminary injunction against MediGrow on the question of whether the business should have been exempted from the moratorium, shutting it down.
That preliminary injunction will remain in force through the Weld County district trial, which has not been scheduled.
The strip mall housing Pino's business has gone to foreclosure, and the bank that now owns that property got an eviction order against Pino earlier this week. The Weld County Sheriff's Office carried out that eviction order on Tuesday, according to McCargar.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: The Windsor Beacon
Author: ASHLEY KEESIS-WOOD
Copyright: 2010 The Windsor Beacon
