FAYETTEVILLE, Ark. (KNWA/KFTA) — The plaintiffs in a Pulaski County Circuit Court case have filed an emergency motion seeking enforcement of a court order in a lawsuit involving medical marijuana dispensary licensing.
The November 15 motion on behalf of 2600 Holdings/Southern Roots Cultivation alleges that the defendants are failing to carry out a November 3 court order by failing to revoke the license of another dispensary, River Valley Relief Cultivation (RVRC), that was “dealing with a nonconforming application.”
The defendants named in the lawsuit are the Arkansas Department of Finance and Administration, the Arkansas Alcoholic Beverage Control Division and the Arkansas Medical Marijuana Commission. Court documents show that Southern Roots was granted summary judgment on November 3 because the plaintiff “met its burden of showing that the undisputed facts of this case, viewed in a light most favorable to Defendants, prove that the Plaintiff is entitled to relief.”
The reason noted is that RVRC submitted its application knowing that its proposed cultivation site was approximately 2,400 feet from “a facility that was a ‘school’ for Amendment 98 purposes.” It adds that there was “no question” that the defendants knew that it was a nonconforming application.
The filing states that Arkansas counsel said that the defendants were “taking the necessary steps to comply with the Court’s Order” as of November 7 and that “proper notices” would be sent by the end of that day. The following day, the state indicated that a hearing would be held within 10 days to complete the administrative task of revoking the license.
In a November 9 pretrial status hearing, it was announced that the license revocation hearing was scheduled for November 28. The November 15 filing states that “a constitutional crisis will emerge” if that is permitted. The motion continues by asking the defendants “to comply with the Court’s November 3 Order without further delay.”
It asks for the state’s response to be filed on or before November 18 at 5 p.m. The motion was signed by the plaintiff’s attorney, Abtin Mehdizadegan. Copies were submitted to the court, defense counsel, and the Arkansas Attorney’s General.