LYNN — A bowling alley owner is suing the city for not choosing his site to be a medical marijuana clinic.
Former City Councilor Paul Crowley, trustee of the Lynnway Sportscenter, filed suit in Salem Superior Court last week. The four-page complaint names each of the city councilors and the Massachusetts Patient Foundation of Newton.
In the suit, Crowley alleges the council erred because they failed to provide notice of last summer’s public hearing and because the 11-member panel lacked authority to grant a special permit.
“The decision of the City Council is arbitrary, capricious and otherwise contrary to law and is unwarranted by the facts and exceeds the authority of the Council,” the complaint said.
Crowley was one of four medical marijuana companies that filed plans last year to open a clinic in the city. Under his proposal, the 81-year-old candlepin bowling alley at 497 Lynnway would have become a pot dispensary operated by the East Boston-based New England Patient Network.
But in July, the City Council selected the Massachusetts Patient Foundation’s proposal for a shop at 487-491 Lynnway in the Cooper-Lewis building, and Old World Remedies of Marblehead’s proposal to open on Western Avenue.
Crowley is asking the court to annul the City Council decision and require the city to pay his court costs
Lynn City Solicitor Michael Barry said they plan to defend the City Council’s selection process vigorously.
Crowley’s attorney, Carl D. Goodman, was unavailable for comment.
The Singer brothers opened the 20-lane bowling alley in 1935. In 1972 it was purchased by longtime employee and candlepin bowling Hall of Famer Ron Crowley, and lifelong friend Richie Rippon. In 1998, Crowley’s children took over the business. In 2000, they acquired a liquor license and transformed six lanes into a 2,500-square-foot sports bar and restaurant, according to the alley’s website.
Mayor Judith Flanagan Kennedy is negotiating with Massachusetts Patient Foundation and Old World Remedies over how much money they will contribute to the city once they open. The deliberations are expected to be completed by Labor Day.
Massachusetts voters legalized the sale and use of medical marijuana in 2012. Marijuana for recreational use was approved in by ballot in last November’s elections.