Winter Park’s second Temporary Restraining Order denied
August 23, 2016
District Court Judge Mary Hoak denied the request by the town of Winter Park for a second restraining order against the Grand County Board of County Commissioners (BOCC).
The town of Winter Park submitted a second restraining order against the BOCC regarding the application of Serene Wellness, a retail marijuana store proposed for Winter Park.
Judge Hoak signed a Temporary Restraining Order (TRO) on Monday, Aug. 15. The TRO was requested by Winter Park and was directed at the BOCC and prevents the BOCC from holding additional Public Hearings related to the proposed marijuana retail business in a portion of unincorporated Grand County contained entirely within the borders of Winter Park.
At their August 16 meeting the commissioners moved to approve the retail marijuana license for Serene Wellness, LLC in Winter Park in a 2-1 vote. Commissioners Linke and Manguso moved to approve the license while Commissioner Tollett voted against approving it. At the beginning of the application discussion at that meeting County Attorney Alan Hassler asked if any of the commissioners had been handed a restraining order, summons, or complaint of any type. All commissioners responded no, and determined they could move on with deliberations regarding the license application.
Winter Park then filed for the second restraining order on August 16. According to the second restraining order, the issuance of the retail marijuana store license will likely cause "real, immediate, and irreparable harm to the Plaintiffs (Winter Park), since the Plaintiffs may have had the right to be heard and participate in the Public Hearing in a more meaningful way, that may be prevented only by a restraining order." The restraining order restrains the BOCC from issuing the actual retail marijuana store license to Serene Wellness as described in the Verified Complaint.
The order denying Winter Park's motion for a second TRO states, "the Plaintiffs have failed to show that they will suffer an irreparable injury, loss, or damage. In their request for their first temporary restraining order, the Plaintiffs alleged they had been denied their due process rights because they had not been allowed to participate in a hearing before the BOCC and, absent that participation, the BOCC would make a potentially invalid decision. The BOCC, however, held the hearing in question and decided the question before it at the end of the hearing, prior to the Plaintiffs serving the BOCC with the Court's TRO. The Plaintiffs fail to elucidate in their second motion what, if any, immediate and irreparable injury, loss or damage will result to them absent a TRO, now that the BOCC has rendered its decision."
Winter Park is currently pursuing a preliminary injunction regarding the dispensary application.