Would-be South Boston cannabis-shop owners sue zoning board for rejecting 'perfect' location

A father/son squad that projected a marijuana store successful a erstwhile concern gathering successful an concern portion astatine East 1st and K streets successful South Boston has sued the Zoning Board of Appeal, alleging a "vocal minority" of South Boston residents utilized their governmental heft to crook the committee against the task contempt its support by the Boston Cannabis Board and enactment from different South Boston residents.

Holland Brands, owned by Geoff Caraboolad and his son, Tim, filed suit past week successful Suffolk Superior Court, asking justice to annul the board's determination and bid it to o.k. their exertion truthful that they tin past use to the authorities Cannabis Control Commission for the last licence they would request to unfastened astatine 538-550 East 1st St., besides known arsenic 115 K St.

In the suit, they allege that the "vocal minority" and its governmental allies are determined to support South Boston escaped of marijuana, astatine slightest of the ineligible benignant and that truthful acold they person succeeded.

But successful the suit, the institution says you could not find a much "perfect" spot for a marijuana store than theirs: A erstwhile construction-fastener works successful an concern portion surrounded connected 2 sides by electrical transformers, that would beryllium arsenic hidden distant from immoderate perchance offended neighbors arsenic possible. And adjacent with that concern location, they said they would renovate the tally down gathering and situation it with plantings to marque it a much charismatic tract for the fewer radical who mightiness spot it. A 37-space parking batch and a ample indoor country would guarantee cannabis patrons would beryllium hidden from the greater surrounding neighborhood.

The institution alleges they had enactment of acold much radical than the cranky, but louder, radical who opposed it, whom they accidental person turned South Boston into the lone Boston vicinity without a azygous approved cannabis shop, but that the committee prevented galore of them from publically supporting the connection astatine a May 18 hearing.

The suit adds that the radical who bash unrecorded crossed the thoroughfare had nary crushed to kick due to the fact that they were already surviving crossed the thoroughfare from an concern zone. Also, marijuana shops are allowed arsenic a "conditional" usage not a forbidden 1 - the committee tin acceptable restrictions connected projected shop, but aren't expected to cull it outright.

The Boston Cannabis Board approved the connection connected March 17. The zoning committee rejected it 6-1 connected May 18. On July 13, it held a ballot connected whether to rehear the lawsuit aft the company's zoning attorney, Mike Ross alleged the committee violated the authorities Open Meeting Law by not having a rotation telephone astatine the May 18 proceeding arsenic required for online meetings. The committee voted 4-3 to let a caller hearing, which meant, however, that the question failed due to the fact that authorities instrumentality requires astatine slightest 5 votes connected immoderate matters earlier the board.

Complete Holland Brands complaint (1.2M PDF).

May 18 zoning hearing:

July 13 reconsideration hearing: