SAUGUS — Massachusetts Land Court has ruled that NortheastCann Inc., a cannabis dispensary, has no standing in a lawsuit it filed against the Board of Selectmen and Sanctuary Medicinals, another dispensary.
After being denied a special permit to open a dispensary by the Board of Selectmen, NortheastCann challenged the decision.
Additionally in the suit, NortheastCann challenged the approval of Sanctuary Medicinals’ licensing request, saying that NortheastCann was an aggrieved party “who was particularly harmed by the (Board of Selectmen’s) decision as it relates to Sanctuary’s application,” according to docket documentation.
The decision, rendered by Judge Michael Vhay, ruled that NortheastCann lacked standing to challenge the permitting of Sanctuary Medicinals, arguing that it did not meet the requirements of an aggrieved party.
“NortheastCann cites no authority that a party’s interest in obtaining a non-zoning approval generally, or a cannabis license in particular, falls within those interests the Zoning Board protects,” the decision reads.
The court determined that NortheastCann did not meet the standing required to be an aggrieved party, in part due to NortheastCann not being an abutter of Sanctuary Medicinals’ property at 181 Broadway.
Citing Quimby v. Zoning Board of Appeals, the decision said that NortheastCann’s proximity to the site of Sanctuary Medicinals was too far, at 2.8 miles away, to be considered close enough to be an abutter.
“Even if NortheastCann owned its site, it still wouldn’t be an abutter,” under Massachusetts General Laws, according to the decision.
The decision stated that NortheastCann was concerned that the approval of the licensing for Sanctuary would hurt its chances at receiving similar licensing.
“NortheastCann’s interest in maximizing its licensing chances is thus no different under Section17 from that of any other business that seeks protection from retail competition,” the decision reads.
Per masscourts.org, this case is still open.
