Steve Neavling
Highland Park was expected to soon begin issuing licenses for recreational marijuana businesses.
A judge has temporarily blocked the city of Highland Park from issuing licenses to recreational marijuana businesses following a lawsuit that alleges the city’s controversial cannabis ordinance is illegal.
Wayne County Circuit Court Judge Denise Qiana Lillard issued a temporary restraining order Monday in what could be the first step before the ordinance is struck down.
Entrepreneur Marcelus Brice filed the lawsuit last month, arguing the city failed to follow the required steps in approving the ordinance and improperly gave the city clerk sole authority to dole out the licenses, which he argues exposes the city to corruption.
Highland Park Clerk Brenda Green was expected to soon begin issuing licenses. The city is accepting applications until June 19.
By issuing the temporary restraining order, the judge is acknowledging Brice has a good case, his attorney Ryan Hill says.
“Lillard granted the temporary restraining order because she felt there was immediate harm if the city went forward with the applications and granted them,” Hill tells Metro Times. “To issue the temporary restraining order, there has to be a likelihood of success based on the merits. In this situation, Judge Lillard made the right ruling.”
Lillard moved the case to Judge Susan L. Hubbard’s courtroom because she’s presiding over a similar case stemming from a lawsuit filed by Highland Park activist Robert Davis.
Both lawsuits allege the city violated the Michigan Zoning and Enabling Act by failing to get approval for the ordinance from the Planning Commission, which is required to hold public hearings on zoning changes.
The ordinance includes five zones where dispensaries are permitted to open. One is a two-block area of Woodward Avenue, where “a major funder” to city officials has a building, Brice says. The donor also has a cannabis processing license.
“If you look at the zoning ordinance, there are property owners who I think are being favored,” Hill says. “There are a few families that have vested interests, and it would seem, ties with the mayor or the clerk. It seems odd that some of these areas that were handpicked would benefit certain property owners … They have to make it fair for everybody.”
LaKisha Brown, a spokeswoman for Highland Park, denied the mayor received funds from "a major donor."
"Mayor McDonald's campaign was not funded by a 'major donor' and she turned down multiple funders, including Mr. Brice who came to her home offering to help with her campaign," Brown says.
The lawsuit also alleges the clerk should not have the sole authority to accept and award licenses because it would open the city up to corruption and a lack of accountability and transparency. Municipalities typically empower a planning commission or appointed board to determine who gets a license.
The city council, which has all new members, has tried to amend the cannabis ordinance to address the issues raised in the lawsuit, but Mayor Glenda McDonald has vetoed those efforts.
Brice says the temporary restraining order was “definitely a victory” and prevents the city from awarding licenses through a process that is likely illegal.
“It’s really hard to get a court to take away a license when it has been awarded when there is no fault by the applicant,” Brice tells Metro Times. “It could create a lot of problems in the future. It stops the city from sneakily giving away licenses.”
Brice adds, “We are very hopeful that Judge Hubbard will more than likely throw this ordinance out.”
McDonald has declined to comment on the ordinance.
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