WEST AMWELL – A husbandman has filed suit against the township Planning Board, challenging its support this summertime of a cannabis cultivation installation successful a vacant church.
Woodmeier Farms, connected Rock Road West, besides named Green Medicine NJ successful the suit filed successful Superior Court successful Hunterdon County. Green Medicine NJ received Planning Board support successful July to person the erstwhile First Pentecostal Prayer of Faith Church into a 30,000-square-foot cultivation installation astatine the intersection of Rock Road West and Route 518.
It's the 2nd suit that Woodmeier Farms has filed astir the cultivation facility. In June, Woodmeier filed suit against Green Medicine NJ and the Hunterdon County Department of Health implicit the septic inspection of the site. That suit is inactive pending successful court.
In the latest lawsuit, 41 pages long, Woodmeier Farms asks for the support of the task to beryllium reversed based connected allegations determination was a usurpation of the state's Local Government Ethics Law.
That complaint is based connected the allegation that Charles Latini, the township's erstwhile zoning serviceman and peculiar planner, became employed by Green Medicine connected the time aft the Township Committee connected Nov. 17, 2021, adopted the cannabis ordinance which, the suit says, Latini drafted.
Latini's resignation arsenic zoning officer, however, was effectual Dec. 1, 2021, which meant, the suit charges, that for astatine slightest 2 weeks Latini was employed by some West Amwell and Green Medicine NJ. His resignation arsenic peculiar planner was effectual Dec. 31
After his resignation from the township, Latini wrote a study analyzing Green Medicine NJ's exertion for the cultivation installation that was sent to the Planning Board connected Jan. 14.
Tara St. Angelo, the Planning Board's attorney, wrote to Green Medicine NJ's lawyer successful precocious January that Latini should not service arsenic the company's planner due to the fact that of a struggle of interest, according to the suit, and that helium whitethorn beryllium violating the rules of the New Jersey State Board of Planners due to the fact that helium was present representing a cannabis cultivator aft helium wrote the cannabis ordinance.
St. Angelo wrote that Latini's struggle is "an unnecessary complication successful this substance that could effect successful litigation," the suit says. She suggested that Green Medicine NJ prosecute different planner.
Though Latini agreed to "step back" from Green Medicine NJ's application, helium continued to enactment for the company, according to the lawsuit.
On Feb. 2, Kyle & McManus Associates wrote a study connected the exertion connected behalf of Green Medicine NJ and, according to the lawsuit, ample sections were identical to Latini's report.
On April 7, Latini sent an email to township officials’ effect to comments and concerns that had been made astir the application, the suit says.
The suit alleges that the Planning Board was "permanently tainted" by Latini's actions.
Woodmeier is besides asking that the township's cannabis ordinance beryllium voided due to the fact that Latini's enactment connected the ordinance "directly benefited" Green Medicine NJ and "prejudiced his autarkic judgment," the suit contends.
The suit besides charges that the ordinance allowing cannabis cultivation was "spot zoning" due to the fact that the religion spot was the lone disposable batch successful the Neighborhood Commercial zone.
Green Medicine NJ is the "only beneficiary' of the Cannabis Ordinance successful the vicinity commercialized zone, the suit alleges.
The suit besides charges that Green Medicine NJ was required to get a usage variance from the zoning committee due to the fact that a portion of the spot is successful the Sourlands Regional Planning District wherever cannabis cultivation is not a permitted use.
The suit besides alleges that the board's support was "arbitrary, capricious and unreasonable" due to the fact that it relied connected grounds by Bruce Zimmerman, who was not a licensed technologist successful New Jersey.
The suit besides alleges the Planning Board granted support without Green Medicine NJ presenting immoderate accusation astir its stormwater strategy and relied connected incorrect standards for commercialized septic users.
The Planning Board has denied the allegations successful the suit and has requested that it beryllium dismissed.
Green Medicine NJ has besides denied the charges and has filed a counterclaim against Woodmeier, alleging that the suit was filed "solely to interfere with Green Medicine's morganatic economical interests and not to redress immoderate morganatic oregon colorable ineligible right."
WoodMeier Farms has besides made an entreaty to the Appellate Divsion, challenging the licence granted to Green Medicine NJ, by the authorities Cannabis Regulatory Commission.
Green Medicine NJ bought the 22-acre parcel with the 29,000-square-foot bare religion gathering for $2.45 million.
The township has signed a big assemblage statement with Green Medicine NJ calling for the institution to wage an yearly $100,000 assemblage interest for 5 years, a full of $500,000 if the installation is built.
Green Medicine NJ besides has agreed to wage the township a 2% taxation based connected its gross gross successful aesculapian marijuana sales.
Email: mdeak@mycentraljersey.com
Mike Deak is simply a newsman for mycentraljersey.com. To get unlimited entree to his articles connected Somerset and Hunterdon counties, delight subscribe oregon activate your integer account.
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