Two marijuana business developers filed a lawsuit against the Matanuska-Susitna Borough this week and against 15 promoters of a ballot initiative that seeks to ban pot businesses here if voters approve it on Oct. 4. Today just before 5 pm, the Borough was served with another lawsuit with the same claim by two more supporters of commercial marijuana.
At an Assembly meeting this week, Mat-Su Borough Attorney Nicholas Spiropoulos said the plaintiff’s basic argument is “you can’t do planning or land use by initiative and what they’re saying this is planning or land use and you can’t do it by initiative. That’s the general claim.”
Thomas Hannam and Ronda Marcy filed an emergency motion for expedited consideration, which was granted. The plaintiffs argue “it exceeds the Matanuska-Susitna Borough’s own legislative zoning powers; that it is unconstitutional, and that it would be unenforceable as a matter of law.”
Listen to Attorney Spiropoulos here. The Borough response is due Sept. 19.
Read the court documents here.
The Borough Assembly has temporarily imposed a moratorium on commercial marijuana until after the election, Oct. 19.
The same Oct. 4 ballot puts the question to voters of whether to approve a marijuana product sales tax of up to five percent.