Massachusetts: Appeals Court Judges Rule in Favor of the City of Haverhill and Cannabis Retailer Stem in Zoning Dispute

CANNANNEW REPORT

WHAV net reports A state Appeals Court ruled yesterday in favor of the City of Haverhill and Stem, a downtown cannabis retailer, over the legality of zoning where the shop is located. The appeal of last year’s Land Court decision was requested by J. Bradford Brooks and Lloyd Jennings, as trustees of L&B Realty Trust, and Stavros Dimakis, as trustee of Evthokia Realty Trust. They contested Land Court Judge Robert E. Foster’s decision last year that Licensed Marijuana Establishments are consistent with the city’s Licensed Marijuana Establishments Overlay Zone, Waterfront District and Downtown Smart Growth Overlay District. The opponents argued city rules call for a 500-foot buffer zone between any marijuana establishment and schools, childcare facilities, parks, churches, libraries, playgrounds and youth centers. Appeals Court Justices Sookyoung Shin, Joseph M. Ditkoff and Maureen E. Walsh ruled Haverhill’s creation of overlay zones following voters’ approval of recreational cannabis did not result, as alleged, in “spot zoning.” They also acknowledged federal and state schoo1 zone statutes relating to “controlled substances,” but noted there is no outright ban as evidenced by use of such drugs by medical offices near schools. “Putting aside the dearth of evidence in the summary judgment record suggesting that a school or playground is near the establishment, (state law) provides that a municipality may allow a licensed medical establishment to be located near a school,” Appeals Court justices ruled, adding, “Nothing in these school zone statutes suggests that the creation of the overlay zone, including the elimination of the buffer zone in the Waterfront District, was either arbitrary or unreasonable.” Stem owner and CEO Caroline Pineau hailed the decision. “Obviously, we are very pleased. We’ve argued all along the city zoning was correct in its planning and execution. We look forward to continuing being a good corporate citizen, a…

Excerpt only …
READ MORE BELOW
Source : Massachusetts: Appeals Court Judges Rule in Favor of the City of Haverhill and Cannabis Retailer Stem in Zoning Dispute

reposted by Cannabis News World

This site uses Akismet to reduce spam. Learn how your comment data is processed.