Jeff Hogan of The County Press recently reported that the City Commission has approved a series of proposed changes to existing ordinances meant to govern Lapeer’s still, relatively young cannabis industry.
The next step is a public hearing, which is to be held by the Planning Commission on November 14. Depending on what recommendations that Planning Commission makes in the aftermath of that meeting, a number of changes could be adopted as soon as December 2.
The proposed changes include:
- Limiting the number of marijuana licenses permitted, paving the way for a potential reduction of the industry’s footprint here in the City.
- The prohibition of outdoor storage of cannabis-related waste.
- The introduction of a 1,500 foot buffer between growers and residential areas, as well as a handful of additional zoning-based ordinance additions.
- Clarification of language that dictates property owners’ responsibilities for controlling odors leaving their properties.
As the City strengthens its oversight of the cannabis-industry it also fights a legal battle with SDRK Group, LLC, the parent company of Shango Michigan.
On the 28th of this past May, SDRK Group received a Municipal Notification of Noncompliance, signed by Clerk Ramona Sanchez on behalf of the City of Lapeer stating, “The City has received numerous complaints of excessive odor from the facility. As the licensee has not addressed the issue, a ticket has been issued for ‘causing nuisance offensive odor beyond property line. The citation is pending and the licensee has not responded or refuted the citation (as of today), nor have they corrected the situation when addressed prior to the citation.”
On the 21st of August, SDRK Group was dealt another blow, this time in court, when Judge Laura Barnard granted the City’s motion for a summary disposition without hearing more than a few words from SDRK Group’s attorney Michael Gildner.
A transcript obtained by Hashtag Lapeer illustrates the following exchange:
THE COURT: This needs to be taken care of…
[SDRK’S COUNSEL]:And we’re working to take care of the problem, Judge, but procedure –
THE COURT: Not fast enough.
[SDRK’S COUNSEL]: Based on what information does the Court have that we’re not moving fast enough? There’s been no information given to you.
THE COURT: Well the, the information in the briefs that indicated that there’s been numerous police reports and numerous complaints from the, from the public on this — on the odor issue —
[SDRK’S COUNSEL]: Right. Is there any indication, that at least since December, we’ve hired consultants and experts to help us with this issue, that there are things going underway, I mean, the Court has heard none of that.
THE COURT: Well, the court has smelled — the Court smelled it this morning on its way to court. The Court smelled it yesterday on its way to court.
[SDRK’S COUNSEL]: So, the —
THE COURT: So, I’ve — I’ve — I’m taking judicial notice of the stink.
SDRK filed an appeal the next day.
The consequences of the court’s ruling are potentially devastating for a local business comprised of four partners who have invested over 8 millions of dollars and counting, including approximately $60,000 to address the City’s odor-related concerns (not including counsel fees). Additionally, 25+ jobs are at stake, as being found non-compliant with the City’s ordinances could cause the company to lose its license.
SDRK’s Saginaw St grow facility is one of three in a relatively small zone, begging the question, how can anyone be certain from which operation a given odor is emanating? One might also ask if the City of Lapeer would take similar action against one of the persistently pungent fast-food spots on Main Street, or is the aroma of an hours-old Whopper not considered the same kind of nuisance as a pot leaf?
No date has been set yet for SDRK Group’s appeal of Judge Barnard’s decision.
