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With all relevant matters before the state’s legal system in a yearlong bid to build a 1-million-square-foot cannabis cultivation facility in Charlton, Valley Green Grow hopes to begin building next spring if court rulings are favorable.
The most recent matter before a court is the company’s subdivision plan on the site of Charlton Orchards, which was filed to freeze the zoning to prevent opponents from changing the zoning bylaws and ultimately block the project.
In the complaint filed Monday with the state Land Court, the company said the town’s Planning Board “ignored the testimony and conclusions of VGG’s engineers and consultants, ignored its own peer review consultants and legal counsel, and grounded its determinations in no evidence found in the record.”
The board's decision to deny the subdivision plan, the company said, was “motivated by bad faith and personal animus” against the project.
This lawsuit is now the third in the case that has dragged on for about a year.
Last month, a Land Court judge struck down a Charlton bylaw prohibiting the recreational marijuana industry.
The company is also appealing the Planning Board’s denial of its site plan.
The company has a purchase agreement with the owner of Charlton Orchards, but residents in the area say the project is much too large for the small neighborhood.
Valley Green Grow attorney Michael Rosen said the company is confident that it's on sound legal ground.
“We’ve been at this for a year and we think that all of the relevant issues are now before a court of law and we feel strongly that we’re going to prevail in court,” he said when asked if any further legal disputes will result in the company abandoning the project. “At this point, I think we feel comfortable that … it’s worth the wait.”
Read more
Proposed 1 million-square-foot pot facility in Charlton rejected by DPH
State rejects Charlton marijuana bylaw
Marijuana grower appeals Charlton site plan denial
Mega marijuana in Charlton persevering despite long odds
Charlton pot farm project gets court win, still faces uphill battle
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