Lawsuit against Pontiac adds points Nature’s Remedy ranking
City’s ranking of medical marijuana applicants challenged last year.
A lawsuit filed last year against the City of Pontiac over how medical marijuana applicants were processed has been resolved, but may lead to new legal action.
After the city’s medical marijuana commission denied Nature’s Remedy a provisioning permit for its proposed Walton Boulevard location, the company filed suit in June 2022.
Oakland County Sixth Circuit Judge Cheryl Matthews wrote there was no proof officials violated the state’s Open Meeting Act or that the city marijuana commission failed to follow substantive or procedural due process in deciding which potential businesses received permits.
But the judge determined that points were awarded in an “arbitrary and capricious” manner. She added five points to Nature’s Remedy’s score, effectively creating a three-way tie for second place with Oak Flint, LLC, and Shine Cannabis.
James Allen Sr., Nature’s Remedy’s attorney, said Judge Matthews’ decision is good news for his client but could lead to similar lawsuits from companies bumped off the list.
Mayor Tim Greimel said the city is gratified by the court’s ruling affirming the commission followed open meeting and due process laws.
But he said officials are considering their legal options in light of the decision. Greimel says the city’s medical marijuana commission’s original decision was supported by what he called “competent, material, and substantial evidence and should have been upheld by the Court.”
Greimel said the city also disagrees with the court’s decision to add points to the company’s rank.
“Professional certified planners reviewed the application and found that the traffic study, which stated there were no changes to the existing site, conflicted with the proposed site plan which eliminated a neighborhood driveway to the facility,” Greimel said in an email to The Oakland Press.
Frustration among potential marijuana business owners has been growing in the city. Those who have pursued medical marijuana permits say that without a recreational permit their businesses will fail.
In June, the city will begin taking applications for recreational marijuana permits. The city will follow a similar ranking process to determine which businesses qualify for permits.
The Nature’s Remedy lawsuit was just one filed against the city. Rubicon Real Estate Holdings sued in January over delays they say caused the company’s lender to withhold $45 million in loans needed to redevelop the long-vacant buildings on seven parcels known as Glenwood Plaza, 7 and 9 Glenwood Ave. in Pontiac.
