The Michigan Supreme Court recently issued an opinion in the case of Pinebrook Warren LLC vs. City of Warren, overturning a decision by the Court of Appeals and affirming the Macomb County Circuit Court's ruling. The case centers on the medical cannabis licensing process in Warren and the actions of the city's Marijuana Review Committee.
The Marijuana Review Committee was responsible for reviewing and scoring applications for medical cannabis licenses. The main issue in the case was whether this committee functioned as a decision-making public body subject to the Open Meetings Act (OMA). The Supreme Court ruled that the committee violated the OMA by conducting multiple closed-door meetings to review and score over 60 applications for medical cannabis licenses.
Based on the committee's recommendations, the Warren City Council awarded licenses to 15 applicants. However, several companies that were not awarded licenses filed lawsuits in Macomb County Circuit Court. They claimed the committee's scoring system was flawed and that it violated the OMA by holding 13 meetings that were not open to the public.
Judge Carl Marlinga of the Macomb County Circuit Court ruled in April 2020 that the committee had indeed violated the OMA, rendering all licenses issued by the committee invalid. Despite this, the Warren City Council approved a settlement in August 2021 allowing the originally awarded 15 licenses to remain and added three more licenses, bringing the total to 18. Judge Marlinga reiterated his decision in September 2021, stating that the settlement violated his order and declared the licenses void, which led to the case moving to the appellate court.
On July 31st, 2024, the Michigan Supreme Court determined that the Marijuana Review Committee acted as a "governing body" because it effectively ranked and decided which applicants would receive licenses, a role not performed by the city council. As a result, the committee was required to comply with the OMA.
The Supreme Court remanded the case to the Court of Appeals to assess whether the meetings that complied with the OMA sufficiently addressed the violations and to consider other issues preserved by the parties involved.
The five-member Marijuana Review Committee included Warren City Council President Cecil St. Pierre, former councilmen Ron Papandra and Steve Warner, former city attorney Ethan Vinson, and former public service director Richard Sabaugh. Former council members Robert Boccomino and Keith Sadowski served as alternates.
Reni George, vice president of government affairs for Pure Roots LLC, one of the plaintiffs, expressed approval of the Supreme Court's decision. He expressed hope that this ruling would allow Pure Roots to establish a location in Warren.
"We would like to figure out how to move forward and talk to our legal counsel and figure out what the city is going to do with regard to recreational marijuana," said George. "We will work with the current administration and city council and invest more dollars to try and make this business happen in Warren."
Pure Roots currently operates in Lansing, Ann Arbor, Battle Creek, and Center Line. George emphasized the importance of transparency in the licensing process, stating, "We are happy because we believe there was a violation of the OMA. Proceedings should be an open process based on merit, the ability to invest dollars in Warren, build a facility and remain compliant."
He added, "It should not be about people who have made political donations to members of the city council or have had previous interactions with the city."
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