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Posted on: October 19, 2018

City Council members dismissed as defendants in medical marijuana lawsuit

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On October 17, 2018, District Judge Patrick Pickerill issued a final declaratory judgment for a lawsuit that challenged the City of Broken Arrow’s authority to regulate medical marijuana businesses in the community.

The Court found that Oklahoma cities are precluded from adopting regulations, zoning overlays, fees or other restrictions when it comes to medical marijuana business activities authorized by State Question 788.

Additionally, the Court dismissed with prejudice all claims and accusations against individual Council members Craig Thurmond, Scott Eudey, Mike Lester, Johnnie Parks and Debra Wimpee, including allegations of violating the Open Meetings Act.  Both parties consented to the dismissal with prejudice, which means these claims are barred from being refiled. The City contended that no Open Meeting violations occurred, and there was no merit to the claim.

The lawsuit was filed last month against the City, after Council members adopted two ordinances that designated permissible zoning areas and licensing requirements for medical marijuana dispensaries, commercial growers and marijuana processors operating in the City of Broken Arrow.

The City is appealing the Court’s decision.

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