Brewster Town Meeting
HYANNIS – Lawsuits have been filed against two Cape Cod communities by a business seeking to open recreational marijuana facilities.
The Haven Center is suing the towns of Bourne and Brewster over the lawfulness of recent bans on recreational pot shops passed at Town Meetings.
The company is seeking to open a pot shop on MacArthur Blvd. in Bourne.
“The whole point of the suit is to challenge whether a general bylaw can determine a land use,” said Jim Borghesani, a Haven Center spokesman.
In both communities, a general bylaw authorizing the ban was passed after a zoning bylaw was defeated.
“We think that is incorrect. We think that a judge should invalidate both town meeting votes that pass the general bylaws,” Borghesani said.
Zoning bylaws require a two-thirds majority at Town Meeting.
“Zoning bylaws are what the legislature intended towns to use for zoning and prohibiting cannabis use,” Borghesani said.
He said the lawsuits against Bourne and Brewster were predictable.
“Town officials in Brewster pretty much predicted there would be litigation after the general bylaw passed and they were correct,” Borghesani said.
Borghesani believes case law showing that zoning bylaws usually determine land use is on the side of Haven Center.
“We think we have a very strong case based on precedence and we look forward to a judge in Land Court taking a look at this and making a determining decision.”
If Land Court agrees with the Haven Center, the general bylaws would be invalidated and the business could begin negotiating with the towns.
The company continues to proceed with medicinal marijuana facilities. There is no timetable for the opening of medicinal locations.
The Haven Center has filed a similar suit against the town of Charlton in September.
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