#United States #Highland Park #Marijuana Ordinance #Anthony Chubb

Michigan Court of Appeals Upholds Marijuana Ordinance

In a significant decision, the Michigan Court of Appeals has confirmed the legality of Highland Park's ordinance prohibiting marijuana facilities within its jurisdiction. This ruling is considered a landmark victory for local governance and regulatory authority concerning recreational marijuana use. The case stemmed from a legal challenge posed by AFJN Holdings, LLC, which sought to operate a marijuana facility in Highland Park. The company argued that it was entitled to do so based on its prior Certificate of Occupancy obtained before the city enacted its marijuana opt-out ordinance.

Overview of the Case

AFJN Holdings claimed that the prior non-conforming use doctrine should allow it to run its facility, as they believed the marijuana ordinance was improperly published according to the city charter. However, a unanimous three-judge panel rejected this argument, affirming that the ordinance acts as a regulatory measure, rather than a zoning one. Because of this, the prior non-conforming use doctrine was deemed inapplicable in this context. The court established that the City of Highland Park was within its rights to regulate the activities occurring on its properties.

Furthermore, the judges clarified that the city charter's requirement was simply that the ordinance be published to be effective, not that it needed to be enumerated in a specific manner. The court noted that the full text of the ordinance was made available through the city council minutes posted on the official website, fulfilling the legal requirements outlined by both the city charter and state law.

Implications of the Ruling

Following the court's decision, attorneys Anthony Chubb and Katherine Ross, who represented Highland Park, expressed their satisfaction with the outcome. They stated, "This ruling vindicates the City of Highland Park and all communities in establishing that recreational marijuana licensing is regulatory and not zoning in nature." This confirmation underscores the importance of municipalities possessing the power to regulate activities like marijuana use, thereby highlighting the localities’ autonomy in making policy decisions.

The implications of this ruling extend beyond Highland Park, potentially influencing local governments across Michigan as they navigate their own ordinances and regulations pertaining to the cannabis industry. As municipalities seek to ensure compliance with state laws while respecting local community standards, the Highland Park case serves as a crucial reference point for establishing similar ordinances.

About Giarmarco, Mullins & Horton, P.C.

Giarmarco, Mullins & Horton, P.C. is recognized as one of Michigan's leading law firms, celebrated for over 45 years of legal excellence. With a team of more than 60 attorneys operating out of locations including Troy, Lansing, and Munising, the firm has built a reputation for providing comprehensive legal services across various sectors. Having received acknowledgment as a Top-Tier Law Firm by U.S. News & World Report, GMH has also been recognized as a desirable workplace by both Crain's Detroit Business and the Detroit Free Press. Their commitment to advocacy and legal prowess has proven essential in pivotal cases, like that of Highland Park's marijuana ordinance, demonstrating their role as leaders in the legal community.

As communities and legal entities alike look to the future of recreational marijuana, the Highland Park ruling confirms that local governments have the authority to regulate cannabis facilities, a precedent that may reshape how marijuana laws evolve across Michigan and beyond.