Judge dismisses preliminary injunction
January 19, 2017
On Jan. 19 14th Judicial District Court Judge Mary Hoak ruled in favor of the Grand County Board of County Commissioners (BOCC) to dismiss the preliminary injunction sought by the Town of Winter Park regarding a recreational marijuana dispensary.
The proposed dispensary, Serene Wellness, has locations in Fraser and Empire. The Winter Park location will be located in the same building as the Valley Hi Motel, which is considered unincorporated Grand County due to a surveying error when the town was incorporated in 1978. The building is surrounded by the town of Winter Park on three sides.
The BOCC moved to approve the retail marijuana license for Serene Wellness LLC in Winter Park in a 2-1 vote during their August 16 meeting. Commissioners Merrit Linke and Kris Manguso moved to approve the license while Commissioner Jane Tollett voted against approving it.
The BOCC has since placed a moratorium on marijuana licenses. The moratorium puts a hold on filing processing or accepting applications and issuances of licenses or permits for any business that cultivates, processes, dispenses, or sells medical or retail marijuana. The moratorium also prohibits the construction, alteration or use of any building, structure, or property for any activity that would require a license for marijuana-related activities.
The moratorium was set so the County could take a step back and determine if Grand County's marijuana policies align with what citizens want. The moratorium is enacted on the day of acceptance (Dec. 13) and expires on Jan. 1 2018.
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