Lawsuit seeks to block Highland Park from becoming a ‘Pot City Destination’
Seven residents and a marijuana victims group have filed a lawsuit to stop the borough from going to pot.
One of the residents, Mary Botteon, said in papers filed with the lawsuit that she's devoted to helping to keep her hometown as one of the best places to raise children, and doesn’t want Highland Park to become "Pot City Destination."
The lawsuit wants Middlesex County Superior Court to declare the borough's authorization of marijuana sales illegal under state and federal law.
The lawsuit was filed by Flemington lawyer David G. Evans on behalf of Botteon, Rita Polos, Keren Ebel Avery and Peter Avery, Rosa and Felipe Roland, Raisa Boroday and the Cannabis Industry Victims Educating Litigators, in Flemington, which has the same street address as Evans.
This is not the first time Botteon and the others have gone to court to stop the authorized sale of marijuana in the borough.
In April 2020 they filed a similar lawsuit but that was dismissed in Superior Court. However, an appeal remains pending.
"The borough is very disappointed that several residents have filed a new lawsuit over the borough’s decision to allow Class 5 Cannabis retail businesses to operate in the borough," said Mayor Elsie Foster.
The mayor said the borough is "confident" the dismissal of the previous lawsuit will be upheld.
Highland Park recently issued a business license to allow a cannabis retailer to open in the borough only after the operator received a state license from the Cannabis Regulatory Commission, the mayor explained.
"The borough has followed all of the required state regulations in authorizing cannabis retail businesses to operate in the borough and has not violated any federal or state laws permitting cannabis retail businesses to open in the borough," Foster said.
In 2020 Highland Park residents voted 4,903 to 1,627 in favor of legalizing marijuana for adults aged 21 and over, in a statewide public ballot question.
Last year the borough granted approval to five retail cannabis businesses to operate in town after they receive state approval.
Anja, a marijuana store at 225 Woodbridge Ave., opened Jan. 10, according to the business's Facebook page.
According to the lawsuit, on Jan. 9 a cannabis business license was issued by Highland Park and on Jan. 10 the sale of marijuana began.
The lawsuit cites a Jan. 16 Borough Council resolution "retroactively" authorizing the Jan. 9 license.
"These actions by Highland Park violate state laws because they are contrary to federal food and drug laws by encouraging and permitting and seeking to regulate marijuana consumption, sales and distribution.," the lawsuit argues. "They also imply that marijuana is safe to use when it is not. Their actions are arbitrary, capricious and unreasonable".
The lawsuit contends marijuana "was and remains 'regulated' and controlled pursuant to the federal Controlled Substances Act and other federal food and drug laws such as the Food, Drug and Cosmetic Act."
The lawsuit alleges "under federal law marijuana distribution and sales are considered to be trafficking in illicit drugs. In addition, such actions violate federal Food and Drug Administration consumer protection laws."
The lawsuit states that under federal laws, anyone involved in the possession, production, growing, distribution or sale of marijuana is violating federal law and subject to federal prosecution under the Controlled Substances Act or the Racketeer Influenced and Corrupt Organizations law (RICO) and other federal laws.
The lawsuit also argues that neither the Borough Council, borough employees or marijuana trafficking businesses are exempt from federal law and that the borough has failed to warn citizens about the potential of civil and criminal penalties.
"Marijuana trafficking businesses make bad neighbors. They drive away legitimate business customers, attract undesirable visitors, increase criminal activity, increase traffic and reduce property values. Some of these harms have already been visited upon some of our plaintiffs," the lawsuit maintains.
A third lawsuit to stop the sale of marijuana filed by Botteon, with Gov. Phil Murphy named as a defendant, was also dismissed in court.
