STATE OF MICHIGAN IN THE CIRCUIT COURT FOR THE COUNTY OF ST. CLAIR eee iM tne Plant vs 1864 US-23, LLC, ATTITUDE WELLNESS, LLC, THE EXHIBIT CANNABIS CO., LLC, OX TAIL, INC, REVOLUTION STRAINS, INC., TRUCENTA, LLC, GREENLAND MEDS, LLC, FARM SCIENCE LLC, JAR HOLDINGS LLC, BRT CAPITAL 3, LLC, PORTAGE ACQUISITIONS, INC, GREEN STANDARD CULTIVATION, LLC, HURON BOTANICAL EXTRACTIONS, LLC BLUE WATER CANNA, LLC, and J LEAF LLC, Defendants GARY A FLETCHER (P2683) T ALLEN FRANCIS (P6160) Fletcher Fealko Shoudy & Francis P.C. Attomeys for Plaintift 1411 Thied St Ste, F Port Huron, Michigan 48060 (810) 987-8444 The claims in this matter are similar to the claims raised in St Clair County Cireute Court Case 121-000282 CZ which is still ‘pending and assigned to the Honorable Cynthia A. Lane. INT vl I NOW COMES Plaintiff, City of Port Huron, and for its Verified Complaint says as follows:1. Plant City of Port Huron, is « Michigan municipal corporation losted in St. lai County, Michigan. 2 Defendant 1864 US.23, LLC, isa Michigan limited lability company. 1864 US- 23 applied for a provisioning center and rele license under the First Ptitioned Ordinance (as defined below) but was not awarded any licenses. 3. Defendant Atitade Welluess, LLC, is a Michigan limited bity company Attitude Wellness applied for a provisioning canter and reailer license under the Fit Petiioned Ordinance but was not avarded any licenses 4. Defendant The Exhibit Cannabis Co, LLC, is a Michigan limited tisiliy company. The Exhibit Cannabis Co. applied for a designated consumption, provisioning centr and reser license under the First Pettoned Online and was awarded rtsiler an designated consumption establishment licenses. 5. Defendant Ox Tail, Inc, is & Michigan corporation, OxTail applied for a provisioning center and retailer license under the Fist Pettioned Ordinance and was awarded oth, 6 Defendant Revolution Stans, Ine, is @ Michigan corporation, Revolution Stans applied for a provisioning center and retiler license under the Fits Pttioned Oninance and was awarded both 7. Defendant Trucenta, LLC, is « Michigan limited tibiliy company. Trucesta applied fora retsilr license under the First Pttoned Ordinance bat was not awarded license 8 Defendant Greenland Meds, LLC, is « Michigan limited liability company Greenland Meds applied for a retailer license under the First Petitioned Ordinance but was nat awarded a license,9. Defendant Farm Science LLC, is a Michigan limited liability company. Farm Science applied for retailer, provisioning center, designated consumplion estblishment, processor, and grower licenses unde the Fist Ptioned Ordinance and was awarded a grower and two processor licenses. 10, Defendant JAR Holdings LLC, is a Michigan limited lisbilty company. Jer Holdings applied for provisioning centers and retailer licenses under the Fist Pettoned Ordinance but was not awarded a iense 11, Defendant BRT Capital 3, LLC, iss Mihignn limited ibilty compary. BRT Cpitl 3 applied fora retailer and provisioning center license under the Fist Petition Ordinance but was not avarded a lcense. 12, Defendant Portage Acquisitions, Inc, is a Michigan corporation. Portage Acquisitions applied for provisioning center, retiler and designated consumption establishment licenses under the FitstPetitioned Ordinance and was avarded at last wo ofeach ype 13, Defendant Green Standard Cultivation, LLC, is « Michigan limited tibiity n applied for and was awarded a retailer license under the company. Green Standard Cultv First Pettoned Ordinance 14, Defendant Huron Botanical Extractions, LLC, is « Michigan limited liabity ‘company and is afiliated with Defendant Blue Water Cana, LLC. Huron Botanica Extractions and Blue Water Canna applied for stiles, provisioning centr and designated consumption ‘sublshment ienses under the First Petioned Ordnance but were not awarded ny licenses 15, Defendant Blue Water Canna, LLC, is a Michigan limited liability company and is affiliated with Defendant Huron Botanical Extrections, LLC, Huron Botanical Extactions andBlue Water Canna applied for retailer, provisioning center and designated consumption establishment licenses under the Fist Petitioned Ordinance but were not awarded any licenses. 16, Defendant J Leaf LLC, is Michigan limited fabilty company. J Leaf LLC#I applied for and received microbusines licenses under the Fist Ptitioned Ordinance. 17, In this case, the City of Port Huron seeks declaratory judgment as well as injunctive relief conceming enforcement ofthe Second Ptitioned Ordinance (a defined below) ‘hich was recently approved by the electors ofthe City of Port Huron. Allo the Defendants do business or sek 1 do business as marihuan facility or masihuana establishment licenses inthe City of Port Haron, S. Clair County, Michigan. The rights of al Defendants ae impacted by the allegations and clams in this matter. Juistition and venue ace both proper inthis Cou, GENERAL ALLEGATIONS 18, The City of Port Huron is subject to the City of Port Huron Charter (the “Charter 19, The Charter provides « mechanism for citizen iniaives andor referendums (Charter Sec. 3-9 through 3-12). 20. In July 2020, Progress for Michigan 202, a ballot ntative commie circulated pions seeking to initiate a Marihuana Establishments and Marihuana Facilities Oninance the “First Petitioned Ordinance”) within the Cty of Port Huron, 21. Although sufficient signatures were obsained, Progress for Michigan 2020 did not meet the Chater timelines forthe Fist Pettioned Ordinance to be placed on the tlt forthe November 2020 general election22. Progress for Michigan 2020 commenced legal action inthis Court requesting the First Petitioned Ordinance being placed on the ballot forthe Novemnber 2020 election. (St. Cir County Circuit Court Case #20.001331 AW) 23. ‘The Honorable Michael L, West determined the First Pttoned Ortinance was ‘ot entitled to be placed on the ballot for the November 2020 general election. Judge Wests opinion was overturned by the Michigan Court of Appeal in Docket #354726, The Court of Appeals decision vas affirmed bythe Supreme Court 24, Voters in the City of Port Huron passed the Fist Pettioned Ordinance atthe [November 2020 general election, 25. Pursuant to the Charter, because the First Pettioned Ordinance was edopted by the electorate, the City of Port Huron is prohibited from amending or repealing the First tory o referendum proceedings, for a period of wo years, Petitioned Ordinance, except by ini [Charter See. 3-12(6]. 26, Among other things the First Pettioned Ordinance: (A) Limits the numbers of certain marihuana license types, both by number of licenses and numberof addresses where they can operate (B) Requires licenses to be awarded in a specific order. on which to evaluate and avard certain (©) Contains a rigid scoring rubs ‘marihuana licenses types, including, retailers, provisioning centers and ‘designated consumption establishment, 27. As required by the First Petitioned Ordinance, the City of Port Huron accepted applications for various types of marihuana establishments and facilites,28, The City of Port Huron resived and processed applications for licenses under the First Petitioned Ordinance for 35 locations, Those applicants sought 31 marhuana provisioning center licenses, 3§ marihuana retailer licenses, snd 7 designated consumption exblishment licenses. 29, The City of Port Huron sored all applications and awarded provisional ienses inthe ode s required by the First Peitoned Ordinance 30. The City of Port Huron avarded all provisioning centr, designated consumption cstablishment and rete provisional licenses mandated under the First Petition Onin othe following apticans: Provisioning Cent Portage Acquisitions, Ine. 1814 10th Street Revolution Strains, Inc. 2569 Lapeer Avenue Portage Acquistion, Inc 2337 10th Street, Portage Acquisitions, Ine 515 Wall Steet Ox Tal, Inc. 1600 Pine Grove Avenue Designated Consumption Establishment Portage Acquisitions, Inc. 2337 10th Street Portage Acquisitions, Inc. 1814 10th Steet “The Exhibit Cannabis Co. 1033 River Street Retailer Portage Acquisitions, nc. 1814 10th Street Revolution Stains, In. 2569 Lapeer Avenue Portage Acquisitions, In. 2337 1th Street Portage Acquisitions, Inc. 515 Wall Street Green Standard Cultivation 400 Quay Sireet Ox Tail, Ine. 1600 Pine Grove Avenue ‘The Exhibit Cannabis Co 1033 River Street31. The First Petitioned Ordinance provides that “a Provisional License may be used to satisfy the licensing requirements for a Local Applicant going through the Agency’ licensing process for a Marihuana Facility or a Marihuana Establishment. A Provisional License shall automatically become a City Full License Authorization when the Agency issues a license tothe Marihuana Facility or the Marihuana Establishment atthe Business Facility Address” (City of Port Huron Ordinances §12-607()] 32. Shortly after the City of Port Huron awarded the above provisional licenses, 1824 'US-23, LLC, an applicant under the First Pettioned Ordinance who did not receive a provisional license, commenced legal action in St. Clair County Cireuit Court Case #21-000282 CZ which is still pending (the “Pending Lawsuit”). 33. In the Pending Lawsuit, 1864 US-23, LLC challenges the seating of its applications and also the legality of the scoring rubric utilized to score application and award licenses contained within the First Petitioned Ordinance. Several other parties have joined the Pending Lawsuit asserting similar claims or defending the First Petitioned Ordinance, 34, On April 15, 2021, the Honorable Cynthia A. Lane entered an Order on Motions {for Preliminary Injunction and Motions to Intervene (the “Order” in the Pending Lawsuit. A copy of the Onder is attached as Exhibit A 35. In part, the Order provides: ‘The City, its employees, representatives, and agents are enjoined from taking any further action with respect to the Marijuana Licenses, including any actions in furtherance of @ provisional license of final license. This Order shall apply to all aspects of such Marijuana Licenses, including, the issuance of any zoning approvals and/or completion of pending administrative appeals under the Ordinance. This Order specifically enjoins the City from issuing any additional provisional ‘Marijuana Licenses final Marijuana Licenses, certificates of occupancy related to the Marijuana Licenses, or signing Michigan Mariana36. 2. Regulatory Agency (“MRA”) Attestations concerning the Marijuana Licenses, (Ex: A) ‘The Orders stil effective and binding upon the City of Port Huron. ‘After the Order was entered, in late April 2021 as permitted by the Charter, Progress for Michigan 2020 began citculating petitions conceming a Second Petitioned Ordinance. A copy of the Second Petitioned Ordinance is attached as Exhibit B. 38 The Second Petitioned Ordinance seeks to amend the First Petitioned Ordinance by adding Section 16, which provides: “ ® o © SECTION 16: NEW PROCESS REGARDING THE AWARDING OF PROVISIONAL LICENSES FOR MARIHUANA ESTABLISHMENTS, ‘THE CITY SHALL BE PROHIBITED FROM PERMITTING ANY MARIHUANA ESTABLISHMENTS LICENSED PURSUANT TO THE ‘MRTMA TO OPERATE IN THE CITY UNTIL AT LEAST THREE (3) MARIHUANA FACILITY PROVISIONING CENTERS HAVE BEEN APPROVED BY THE AGENCY TO OPERATE IN THE CITY. SECTION 4(C) OF THE ORDINANCE SHALL BE REPEALED. ALL PROVISIONAL LICENSES PREVIOUSLY ISSUED FOR MARIHUANA RETAILERS AND DESIGNATED CONSUMPTION ESTABLISHMENTS SHALL BE VOIDED AND IMMEDIATELY TERMINATED UPON THE ADOPTION OF THIS AMENDMENT, AND THE CITY SHALL RETURN ANY APPLICABLE APPLICATION FEES TO ALL LOCAL APPLICANTS WHO ‘SUBMITTED SUCH APPLICATIONS. ‘THE EXISTING SCORING SYSTEM AND APPLICATION PROCESS: FOR RECREATIONAL MARIHUANA ESTABLISHMENTS ARE. HEREBY REPEALED, BUT THE EXISTING SCORING SYSTEM AND APPLICATION PROCESS FOR MEDICAL MARIHUANA FACILITIES SHALL REMAIN IN PLACE. WITHIN FIFTEEN (15) DAYS AFTER AT LEAST THREE (3) MARIHUANA FACILITY PROVISIONING CENTERS APPROVED BY THE AGENCY HAVE, BEEN OPERATING WITHIN THE CITY, THE CITY OF PORT HURON SHALL BEGIN ACCEPTING’ APPLICATIONS FOR MARIHUANA ESTABLISHMENTS AND AWARD PROVISIONALLICENSES USING A COMPETITIVE PROCESS INTENDED TO SELECT THOSE APPLICANTS WHO ARE BEST SUITED TO OPERATE IN COMPLIANCE WITH THE MRTMA. THIS NEW APPLICATION WINDOW FOR MARIHUANA ESTABLISHMENTS SHALL REMAIN OPEN FOR FIFTEEN (15) DAYS. THE CITY SHALL ISSUE PROVISIONAL LICENSES WITHIN THIRTY (G30) DAYS AFTER THE APPLICATION WINDOW CLOSES, (&) THIS AMENDMENT SHALL NOT IN ANY WAY AFFECT PROVISIONAL LICENSES THAT HAVE BEEN PREVIOUSLY ISSUED FOR MARIHUANA FACILITIES (MEDICAL MARIHUANA, FACILITIES) BY THE CITY NOR ALTER IN ANY WAY THE PROCESSES OR PROCEDURES FOR PROVISIONAL LICENSES ‘THAT HAVE BEEN ISSUED OR GRANTED FOR MARIHUANA FACILITIES BY THE CITY PRIOR TO THE ENACTMENT OF THIS ‘AMENDMENT. 39. Progress for Michigan 2020 obtained sufficient signatures and the Second Pettoned Ordinance was placed on the August 3, 2021 ballot, 40, Votes in the City of Port Huron approved the Second Petioned Ordinance atthe August 3, 2021 election 41, Pursuant © the Charter, the Second Petitioned Ordinance becomes cffetive upon publication which ito occur within 5 days of certification of the eon results by the Board of Canvassers to the City Cle, (Charter 3-12(a] 42. The Board of Canvassers is meeting on August 6, 2021 and is expected to certify results ofthe August 3, 2021 election a that time,cOUNTI DECLARATORY RELIEF 43, The Second Petitioned Ordinance requires the City of Port Huron tke certain actions with respect to provisional marihuena licenses awarded under the Fit Petitoned Ordinance, including: (a) terminating and voiding retailer and designated consumption establishment provisional licenses awarded under the Fist Pttioned Ordinance; (2) eliminate the restrictions on the number of business facility addresses at which provisioning centers retailers and designated consumption establishments may operate under the Fist Petitioned Ordinance; () repeal the scoring rubric and entre application process contained witin the First Petiioned Ordinance utilized to score applications and award licenses for reilers and designated consumption establishments; and (2) prohibit any mashuans establishment to operate within the City until at least thee provisioning centers are operating within the City 44, I the City of Port Huron enforced the Second Pettoned Ordinance, the City of Port Huron may be in violation ofthe Order inthe Pending Lawsuit 45. Ifthe Cty of Port Huron enforced the Second Pettioned Ondinane, he City may be considered to have violated the due process rights of entities who have been awarded Provisional licenses for marihuana retailers and designated consumption establishments by revoking end voiding such licenses without due process. Spevifcally the Second Pttioned Ordinance would terminate the following provisional licenses sated Consumption Establishmen Portage Acquisition, Ine 2337 10th Street Portage Acquisitions, In. 1814 10th Steet ‘The Exhibit Cannabis Co, 1033 River Suet, 0Portage Acquisitions, Ine. 1814 10th Steet Revolution Stains, Inc. 2569 Lapeer Avenue Portage Acquisitions, Inc. 2337 10th Street Portage Acquisitions, Inc. 515 Wall Street Green Standard Cultivation 400 Quay Street Ox Teil, In. 1600 Pine Grove Avenue ‘The Exhibit Cannabis Co 1033 River Street 46. Ifthe City of Port Huron enforced the Second Pettoned Onlnane, it may be lable for damages related to aking property rights without providing just compensation related 10 entities who were awarded provisional cesses detailed in Paragraph Forty-five (45). 47. Ifthe City of Port Huron enfores the Second Petitioned Ordinance, it will be required to prohibit entities awarded provisional licenses under the First Petitioned Ordinance, Which are not restricted pursuant othe Onder and which are not a subject of or in contention in the Pending Litigation, fiom operating under such licenses, Specifically, the following Hcensees ‘ould be probibited from operating, atleast temporarily, without notice or due process: Microbusiness: J Leaf LLC #1 1926 Bancroft Steet T Leaf LLC #2 1926 Bancroft Street I Leaf LLC #1 2101 Cypress Street TLeaf LLC #2 2101 Cypress Street J Leaf LLC #3 2101 Cypress Street ‘I Leaf LLC #4 2101 Cypress Street 48. Ifthe City of Port Huron enforces the Second Petitioned Ordinance, the City may be in violation of the Order, subjected to claims for takings without just compensation and subject to claims and alleged damages for due process violations from the entities identified Paragraphs Forty-five (45) and Fifty-seven (47).49, The City of Port Huron did not draft the First Petitioned Ordinance ant prohibited by Charter from amending or repealing the same until November 2022, 50. The City of Port Huron did not draft the Second Petitioned Ordinance, is ‘rohited by Charter from amending or repealing the same until August 2023 and should not be subject to liability for enforcing it. 51. Upon information and belief, there is present and actual controversy concerning the enforceability ofthe Second Pettioned Ordinance among the parties to this matte. WHEREFORE, the City of Port Huron respectfilly requests this Court enter a Declaratory Judgment whic: cy @) © © Determines the City of Port Huron can enforce the Second Petitioned Ordinance without being considered in violation ofthe Order, Determines the City of Post Huron can enforce the Second Petitioned Ordinance without commiting due process or other satuory of constitutional violations; Determines the City of Port Huron can enforce the Second Pettioned in whole or in part, which Ordinance without such eonsiuing & requires the City to pay just compensation to ay person or enti; and Determines the City of Port Huron can enfore the Second Ptitioned damages from (Ordinance without being liable for or subject to cl any entity awarded © provisional license under the Fist Pettioned Ordinance which will be affected by the Second Petitioned Ordinance and/or who isa paty to the Pending Lawsuit.court INJUNCTIVE RELIEF (TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION) 52 The ity of Port Huron restates the alegations st forth in Paragraphs One (1) through Fifty-one (51) as if fully set forth herein 53. Pursuant to MCR 3.310(B) a Temporary Restraining Order may be granted without written or oral notice to the adverse part or the adverse party's attorney i it clealy appears from specific faes shown by affidavit or verted complaint that immediate and Jmepaable injury, loss, or damage wil sult the application from the delay regi to effet notice or fom the sk that nie wil itself precipitate adverse action before an order can be issued 54. If the Temporary Restraining Order requested by the City of Port Huron isnot ranted, the City and those Defendants whose icenss wil be revoked or operations delayed will suffer immediate andireparable harm, Specifically: (a) certain Defendants may be divested of their due process rights by having their provisional licenses revoked without due process ot notice; (b) certain Defendants will be divested of their property interest in their provisional licenses without jut compensation; (¢) certain Defendants wil be delayed in operating thei businesses pursuant to provisional licenses which are not in dispute withow notice ot {usfcation; (4) the City of Port Huron will be in violation ofthe Onder; and () the City of Port Huron mey be subjected to claims and/or liability for violation of certain Defendant's constitutional ight 55. Issuance of the Temporary Ressining Order and injunctive relief requested by the City of Prt Huron will not harm any parties to this action or others as it merely preserves the Bstatus quo pending a decision on Count I ofthis Verified Complaint, Futhes, such will prevent potential constitutional violations and prevent potential violation ofthe Onder that may result fom enforcing the Second Pettioned Oxdinance. 56, There is a strong likelihood that some pats of or all the Second Petitioned Ondinance is unenforceable for the reasons detailed herein, namely, tat enforcing the Second Pettioned Ordinance will result in a violation ofthe Order andr ofthe rights of Defendants 57, The balance of hams supports the City’s request fr injunctive rei in that no hha will esl if this Court mutans the status quo prot to issuing a declaratory judgment as requested in Count ff this Verified Complaint 58. The public interest is served by granting the City of Port Huroa’s request for injunctive reli in as much asthe public interest favors enforcement of only lawl ordinances that do not violate binding preexisting Court Orders, do not violet consituiol rights of Individuals or business entities, and which do not subject the City to potent! significant financial liability and damages. WHEREFORE, Plaintiff, City of Port Huron respectfully request this Court A. Issue a Temporary Restraining Order proving that the Second Pettioned Ordinance is not effective, if at all, until such time as this Cour issues a Declaratory Judgment concerning the enforceability ofthe Ordinance and which rohit the City f Port Haron from publishing the Second Petitonsd Ordinance until further Order of the Cour B, Issue an Order to Show Cause setting a hearing at which Defendants are required to show cause why the terms of the Temporary Restraining Order should not be ‘made permanent;‘Onder that no security be required forthe reason that the terms ofthe Temporary Resining Order and the proposed Priinary Injuntion merely msntns the status qu and will not harm Defendants; nd Enler an Order granting Planiff such other relief a the Court deems equitable and just.‘STATE OF MICHIGAN COUNTY OF ST. CLAIR (on the 5 day of August 2021 before me personally appeared Cyndee Joni, Cle of the City of Port Huron and made oath hat she has red the foregoing Verified Compl by er subsribed and knows the contents thereof, and that the same is tru of her own owed, except a tothe matters which are thee stated tobe upon her information an boi and as to those matters, she believes them tobe tue. Jifsmin Sion MWh Public St Clair County, Michigan ‘My commission expires: Q [15 109 JASuns STENCHL, Neary Pe ‘Stee Midipn, Coon of St Chae My comninion eres May 18 207 ‘cgi he Gyo 5 Chie 16DATED: August 5,2021 FLETCHER FEALKO SHOUDY & FRANCIS, PC. ‘Attomeys forthe City of Port Huron By “Taller Francis 1411 Thied Steet Suite F Port Huron, Michigan 48060, (810) 987-8444 "7eau by Fa ‘STATE OF MICHIGAN ST. CLAIR COUNTY CIRCUIT COURT 1864 US-23, LLC, a Michigan Limited liability company. Plainft CITY OF PORT HURON Defendant And FARM SCIENCE LLC, and MARK ABRAHAM Plants Cry OF PORT HURON Defendant Case No, 21-000082 CZ, Hon. Cynthia A. Lane (Case No, 21-000560 C2 Hon, Cynthia A, Lane ERIC C. JONES (P66364) Co-counsel for Plaintiff 2207 Orchard Lake Ré. Sylvan Lake, Michigan 48320 (248) 880-7658 GARY A. FLETCHER (P2623) ‘TODD I. SHOUDY (P1895) T- ALLEN FRANCIS (P66160) Fletcher Fealko Shoudy & Francis, PC ‘Automeys for the City of Port Huron [411 Third St Ste. F Port Huron, Michigan 48060 810) 987-8444 NADEEM N, HARFOUCH (P7633) Co-Couneel fr Paint ‘The Harfouch Law Fim, PLLC ‘71 Best Long Lake Ra, * Floor Bloomfield Hills, Michigan 48304 (248) 781-8800 ‘AARON D. GEYER (P3989) Aiello de Associates, PLLC ‘Automney for Ox Tal ne, (Interven) 32411 Mound Ré. Warren, Michigan 48092 (686) 303-2211 RECEIVED JAY M, DEBOYER 04-15.2021 15:36:46 CLERK OF THE 31ST CIRCUIT COURT. FAX FILEDMICHAEL T. WOODYARD (64612) JONATHAN B, FRANK (P42656) Woodtyard& Assoriates, PLC JANETTE B, FRANK (P42661) ‘Attorneys for Progress for Frank & Frank Law Michigan 2020 (Intervenor) ‘Attorneys for Exhibit Cannabis, LC 45450 Parkdale Ste. 100 (nterveror) Canton, Michigan 48188 3910 Telegraph Rd, Ste, 200 13) 855-5222 Bloomfield Hills, Michigan 48302 (248) 723-8691 ROBERT D. IHRIE (P26451) (CHARLES N. ASH (55941) HAROLD PERAKIS (P3592!) GABTAN GERVILLE-REACHE (P68718) Iie Obrien BRANDON J. CORY (P83112) ‘Attomeys for Farm Science, LLC & Abraham Warner Noreoss + Judd, LLP 24055 Jefferson Ste, 2000 ‘Atomeys for Atitude Wellness, LLC St, Chae Shores, Michigan 48080 150 Otawa Ave. NW, Ste. 1500, (986) 778-7778 Grand Rapids, Michigan 489503 (616) 752-2000 ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION AND "MOTIONS T0 INTERVENE. [Ata session of sid Cou, ele Comty Bulg, iy nd Stat eee is > PRESENT: HON, CYNTHIA A, LANE, Circuit Jade, Upon review of Plentife’ Motions secking Preliminary Injunctions and luervening antes respective Motions to Intervene, and after considering the argument of the Pints and City of Port Huron ("City") at shearing on April 15, 2021, forthe reasons stated onthe record, the Court orders a follows: IT IS HEREBY ORDERED Applications to Intervene in this mater fled by the following patties are granted: (1) Progress for Michigan 2020; (2) OxtailIn.; (3) The Exhibit Czmsbis Co, LLC; end (4) Attitude Wellness LLC. Each of the intervening parties listed hercin shal ile their intervening complains within fourteen (14) days of entry ofthis Order, IT IS HEREBY FURTHER ORDERED Applicants forthe following license pes under the City's Marihuana Facilities and Establishments Ordinance are considered interes parties and will be permitted to intervene in thi matter as provided inthis Order: (1) Adult Use Marihuana, ‘Safety Compliance Facility; 2) Adult Use Marihuana Secure Transporer, (3) Marihuana Retailer (Adult Use Marihuana Processer; (5) Adult Use Class B Marihuana Grower; (6) Aéale Use ‘Class C Marituana Grower, (7) Designated Consumption Establishment; and (8) Marinuana Provisioning Center (collectively license types (1) through (8) above shall be referred asthe “Marijuana Licenses"), Within 7 days of this Order, counsel forthe City shall notify al such 2 RECEIVED JAY M, DEBOYER 04-15-2021 15:36:46 CLERK OF THE 31ST GIRGUIT COURT-FAX FILEDapplicants via regular and certified mail ofthis action and provide « copy of this Order. A proof of service ietitying all such partes shall be filed with tis Court. All such pariee shall be permite to intervene in this mater, without futher order ofthe Court, on or before May 31,2020, by filing a Notice of Intervention or similar pleading sufficient to identify the party andi interest in this mater. Intervention after May 31,2021 shall be by leave ofthe Court only. IT IS HEREBY FURTHER ORDERED that Plaintiffs’ Motions for Preliminary Injunctions are granted for the reasons stated onthe record subject to the terms ofthis Order. IT IS HEREBY FURTHER ORDERED That until further order ofthe Cour: (A) The City, its employees, representative, and agents are enjoined from taking any further action with respect co the Marijuana Licenses, cluding any actions in furtherance of a provisional license or final Hczse. This (Order shall apply to all aspect of such Marijuana Licenses, inating, the issuance of any zoning approvals and/or completion of pending ‘administrative appeals under the Ordinance. This Orde specifiy enjoins the City from issuing any additonal provisional Marijuana Lites final ‘Marijuana Licenses, cetficates of occupancy related to the Marjan Licenses, ot signing Michigan Marijuane Regulatory Agency (MRA") ‘Aitestations concerning the Marijuana Licenses. (B) The MRA shall be enjoined fiom iseuing State of Michigan operating licenses related to the following Marijuana Licenses inthe City Name Ticense Types Licensed Adiresses Portage Acquisitions, Ine. | Prov. Center| 1814 10" Steet Retailer Desig. Cons. Est Revolution Stains, Ine. Prov. Center | 2569 Tapese Ave Reuter "Portage Acquisitions, Ine. | Prov. Center) 2337 10" Stest Retailer Desig. Cons. Est Portage Acquisitions, Inc, Prov. Center) 315 Wall Si Retailer ‘Ox Tall Ine Prov. Center | 1600Pine Grove Reuiler "The Exhibit Cannabis Co, Retailer 1033 River Se Desig. Cons. Est ‘Green Standard Cultivation | Retailer 400 Quay St Farm Science, LLC ‘Adult Use | 2300/2358 Miltary St Processor IT IS HEREBY FURTHER ORDERED counsel for the City shall serve a copy ofthis (Order on all applicants for Marijuana Licenses as well asthe MRA via certified mail ad regular mail. 3 :46 CLERK OF THE 31ST CIRCUIT COURT-FAX FILED RECEIVED JAY M, DEBOYER 04-15-2021 15:TIS HEREBY FURTHER ORDERED the Cour shall schedule a Pretil Coefrence, for ‘date to be determined, after May 31,2021. ane, Circuit Judge ‘Approved as to form: (slNadcem.N, Marfouch ‘Attomey for 1864 US-23, LLC ‘Attomey for City of Port Haron PREPARED BY: ‘Fallen Francis (61160) Fletcher Fealko Shoudy & Francis, P.C 141 Third Sueet, Suite F Port Huron, Michigan 48060 (810) 987-8444 4 RECEIVED JAY M, DEBOYER 04-15-2021 15: :46 CLERK OF THE 31ST CIRCUIT COURT. FAX FILEDReturn by Cun STATE OF MICHIGAN ST. CLATR COUNTY CIRCUIT COURT 1864 US-25, LLC, « Michigan Limited lability company. Plain CITY OF PORT HURON Defendant ‘And [FARM SCIENCE LLC, and MARK ABRAHAM Plants CITY OF PORT HURON Defendant ERIC C. JONES (P66364) ‘Co-counsel for Plaintiff 2207 Orchatd Lake Ra, ‘Sylvan Lake, Michigan 48320 (248) 880-7658 GARY A, FLETCHER (26823) TODD J. SHOUDY (41895) T.ALLEN FRANCIS (P66160) Fletcher Fealko Shoudy & Francis, PC ‘Attorneys forthe City of Port Huron 1411 Third St. Ste. F Port Huroa, Michigan 48060 (610) 987-8444 RECEIVED JAY M, DEBOYER 04-15-2021 15: (Case No, 21-000282CZ Hon, Cynthia A. Lae (Case No.21-000560C2 Hoon, Cynthia A Lane NADEEM N. HARFOUCH (P7636) (Co-Counse for Paintift ‘The Harfouch Law Fim, PLLC ‘T1Bast Long Lake Ré., 1* Floor Bloomfield Hills, Michigan 4830+ (248) 781-8800 AARON D, GEYER (P39889) Aiello & Associates, PLLC ‘Auomey for Ox Tal, Inc. (otervns) 32411 Mound Re. Warren, Michigan 48092 ($86) 303-2211 :46 CLERK OF THE 31ST CIRCUIT COURT -FAX FILED‘MICHAEL T. WOODYARD (P64612) JONATHAN B. FRANK (P42656) ‘Woodyard & Associates, PLLC JANETTE E, FRANK (P4261) Attorneys for Progress for rank & Frank Law ‘Michigan 2020 (intervenor) ‘Auorneys for Exhibit Cannabis, LLC 45450 Parkdale St. 100 (ntervenor) Canton, Michigan 48188 3010 Telegraph Ra. St, 200, 13) 855.5222 Bloomfield Hills, Michigan 48302 (248) 723-8691 ROBERT D. JHRIE (P2645!) CHARLES N. ASH (P55941) HAROLD PERAKIS (P35921) GABTAN GERVILLE-REACHE (P68718) Tnrie Obrien BRANDON J, CORY (83112) ‘Attorneys for Farm Science, LLC & Abraham Warner Noreross + Judd, LLP 24055 Jefferson St. 2000 Attorneys for Atitude Wellness, LLC St. Clair Shores, Michigan 48080 150 Ottawa Ave. NW, Ste. 1500 (586) 78-7778 Grand Rapids, Michigan 489503 (616)752-2000 ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION AND "MOTIONS TO INTERVENE, At acesson of ad Court el he County Bung, City and State aforessi this 22% day of Api, 2021 PRESENT: HON. CYNTHIA A. LANB, Ciruit Judge Upon review of Plaintiffs’ Motions seeking Preliminary Injunctions and lnervening Parties respective Motions to Intervene, and ater considering the argument of the Piss and City of Port Huron (“City”) at a hearing on April 15, 2021, forthe reasons stated on the record, the Court orders as follows: ITIS HEREBY ORDERED Applications to Intervene in this mater filed by the flowing parties are granted: (I) Progress for Michigan 2020; (2) Oxtail Ic; (3) The Exhibit Camabis Co, LLC; and (4) Anitude Wellness, LLC. Esch ofthe Inervening partes listed herein shal ile their intervening complaints within fourten (14) days of enry of this Order. ITIS HEREBY FURTHER ORDERED Applicants for the following license types under the City’s Marihuana Facilities and Establishments Ordinance ae considered interesed parties and willbe permitted to interven in this matter as provided inthis Order: (1) Adult Use Mainuana Safety Compliance Facility, 2) Adult Use Marihuana Secure Transporter, (2) Marihuan Retailer (@) Adult Use Marinuana Processer; (5) Adult Use Class B Marihuana Grower (6) Aint Use Class C Marinuana Grower; (7) Designated Consumption Establishment, and (8) Maihuana Provisioning Center (collectively license types (1) through (8) above shall be refered nas the “Marijuana Licenses"), Within 7 days of this Orde, counsel forthe City shall notify all such 2 16 CLERK OF THE 31ST CIRCUIT COURT-FAX FILED RECEIVED JAY Mt, DEBOYER 04-15-2021 15:‘pplicants via regular and certified mal of this action snd provide copy of this Ors. A proof of seevce identifying all such parties shall be filed with this Court, All such partes shall be permitted to intervene in this matter, without further order of the Court, on ot before May 31,2020, by filing a Notice of Intervention or similar pleading sufficient to identity the party end its interest inthis matter. Intervention after May 31, 2021 shall be by leave of the Cour only TT IS HEREBY FURTHER ORDERED that Plaintiffs’ Motions for Peliminary Injunctions are granted forthe reasons stated on the record subject to the terms ofthis Over. IT IS HEREBY FURTHER ORDERED That util forther order ofthe Cou: (A) The Cir, its employees, representatives, and agents ate enjsned from taking any further action with respect to the Marijuana Licenses, including any actions in furtherance of a provisional license or final Licse, This (Order shall apply to all aspects of such Marijuana Licenses, incuding, the issuance of any zoning approvals andlor completion of pending ‘administrative appeals under the Ordinance. This Order specifiy enjoins the Cty from issuing any additional provisional Marijuana Litases final Marijuana Licenses, ceiificates of occupancy related to the Marijuana Licenses, or signing Michigan Marijuana Regulatory Agency (MRA") ‘Altesttions concerning the Marijuana Licenses, (B) The MRA shall be enjoined ffom issuing State of Michigan operating Ticeoacs slated to the following Mavijuana Licenses in the City ‘Name eens Types ‘Licensed Addresses Portage Acquisitions, in. | Prov.Center | 1814 10" Street Reuter Desig. Cons. Est Revolution Stang, Ine Prov. Center | 2569 Lapeer Ave. Reuiler Portage Acquisitions, nc. | Prov. Cenier | 2337 10" Sirest Retailer Desig. Cons. Est. Portage Acqusilons, Inc, | Prov. Center] 315 Wall St Retailer OxTuall Ine. Prov. Centar | 1600Pine Grove Retailer ‘The Exhibit Cannabis Co. | Retailer TOS River Se Desig. Cons. Est (Green Standard Culivaiion | Reuiler 400. Quay St. Farm Scienee, LEC ‘Adult Use | 2300/2358 Military St. Processor IT IS HEREBY FURTHER ORDERED counsel for the City shall serve copy of this (Order on all applicants for Marijuana Licenses as well asthe MRA via certified mail and regular ral 3 RECEIVED JAY M, DEBOYER 04.15.2021 15:36:46 CLERK OF THE 31ST CIRCUIT COURT-FAX FILEDIIS HEREBY FURTHER ORDERED the Cour shall schedule a Pretil Conference, for ‘date tobe determined, after May 31, 2021, , Circuit Judge Approved as to form: (slNadcem.N. Harfouch ‘Attomey for 1864 US-23, LLC {s/ Harold Pesakis Attomey for arm Science, LLC and Mark Abraham (T.Allen Francis ‘Atiomey for City of Port Huron PREPARED BY: ‘. Allen Francis (P61160) Fletcher Fealko Shoudy & Francis, P.C. 411 Thied Stee, Suite F Port Huroa, Michigan 48060 (B10) 987-8444 4 RECEIVED JAY M, DEBOYER 04-15-2021 15:36:46 CLERK OF THE 31ST CIRCUIT COURT. FAX FILEDReturn by inal) STATE OF MICHIGAN ST. CLAIR COUNTY CIRCUIT COURT 1864 US-23, LLC, a Michigan Limited liability company. Paine CITY OF PORT HURON Defendant And ‘FARM SCIENCE LLC, and MARK ABRAHAM Pints CITY OF PORT HURON Defendant (Case No, 21-000282 CZ Hon. Cynthia A. Lae (Case No, 21-000560 C2, Hoon. Cynthi A. Lae RIC C. JONES (P6364) (Co-counsel for Plaintiff 2207 Ocehatd Lake Rad, ‘Sylvan Lake, Michigan 48320 (248) 880-7658 GARY A, FLETCHER (26823) ‘TODD I, SHOUDY (P1895) 1. ALLEN FRANCIS (P66160) Fletcher Fealko Shoudy & Francs, PC Attorneys forthe City of Port Huron 1411 Third Se Ste, F Port Huron, Michigan 48060 810) 987-8444 NADEEM N. HARFOUCH (P7636) Co-Counse for PaintifE ‘The Harfouch Law Firm, PLLC ‘71 Bast Long Lake Ra., |* Floor Bloomfield Hills, Michigan 48304 (248) 781-8800 AARON D, GEYER (P39889) Aiello & Associates, PLLC. ‘Awomey for Ox Tal, Ine, (otervexa) 32411 Mound Ré. Warren, Michigan 48082 (686) 303-2211 RECEIVED JAY M, DEBOYER 04-15-2021 15:36:46 CLERK OF THE 31ST CIRCUIT COURT-FAX FILEDMICHAEL T, WOODYARD (P64612) ‘Woodyard & Associates, PLLC “Attorneys for Progress for ‘Michigan 2020 (Intervenor) 45450 Parkdale Ste, 100 Canton, Michigan 48188 JONATHAN B. FRANK (P42656) JANETTE E. FRANK (P42661) Frank & Frank Law ‘Attomeys for Exhibit Cannabis, LLC (ervenon) 3910 Telegraph Ra. Ste, 200 15) 855.5222 Bloomfield Hills, Michigan 48302, (248) 723.8691 ROBERT D, JHRIE (P2645!) CHARLES N. ASH (P5941) HAROLD PERAKIS (P35921) GABTAN GERVILLE-REACHE (P68718) Thre Obrien BRANDON J, CORY (83112) ‘Attorneys for Fatm Science, LLC & Abreham Warner Noreross + Judd, LLP. 24055 Jefferson Ste, 2000 ‘Automeys for Atitude Wellness, LLC ‘St. Clair Shozes, Michigan 48080 150 Ottawa Ave. NW, St. 1500 ($86) 78-7778 Grand Repids, Michigan 489503 (616)752-2000 ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION AND ‘MOTIONS TO INTERVENE ‘Ata session of said Cour, held a he County Building, City and State aforesaid this 29% day of Api, 2021 PRESENT: HON. CYNTHIA A. LANE, Circuit Judge. ‘Upon review of Plaintiffs’ Motions secking Preliminary Injunctions and leavening Patties respective Motions to Intervene, and after considecng the argument of the Phiaiffs and City of Port Huron ("City") at a hearing on April 15, 2021, forthe reasons stated on the record, the Court orders a follows: IT IS HEREBY ORDERED Applications to Intervene in this mate led by the folowing pastes are granted: (1) Progress for Michigan 2020; (2) Oxtail Inc; (3) The Exhibit Cmabis Co, LLC; and (4) Attitude Wellness, LLC. Each of the Intervening parties listed herein shal ile their intervening complaints within fourtezn (14) days of entry ofthis Order. TT IS HEREBY FURTHER ORDERED Applicants forthe following license pes under the City's Marihuana Facilities and Establishments Ordinance are considered interese parties and wil be permitted to intervene inthis matter as proved in this Oréer: (1) Adult Use Marhuana Safety Compliance Facility 2) Adult Use Marihuane Secure Transporter; (3) Marihuana Retailer (@) Adult Use Marihuana Processer; (5) Adult Use Clase B Marihuana Grower, () Adult Use Class C Marihuana Grower, (7) Designated Consumption Establishment; and (8) Marihuana Provisioning Center (collectively license types (I) through (8) above shall be refered wo as the “Marijuana Licenses"), Within 7 days of this Order, counsel forthe City shall notify all such 2 RECEIVED JAY M, DEBOYER 04-15-2021 15:36:46 CLERK OF THE 31ST CIRCUIT COURT-FAX FILEDapplicants via regular and centfied mal ofthis action and provide a copy of this Onder. A proof of service identifying all such partis shall be fled with this Court. All such pats shall be permitted to intervene in this matter, without further order ofthe Court, on oc before May 3, 2020, by filing 2 Notice of Intervention o similar pleading suficint to identify te party anit interest {inthis mater. Intervention after May 31, 2021 shall be by eave of the Court oly TT IS HEREBY FURTHER ORDERED that Plaintiff’ Motions for Preliminary Injunctions are granted for the reasons stated on the record subject to the terms ofthis Osler, ITIS HEREBY FURTHER ORDERED That until futher order ofthe Cout: (A) The City, its employees, representatives, and agents are enoiaed from taking any further action with respect tothe Matijuana Licenses, cluding ‘any actions in furtherance ofa provisional license or final license. This (Order shall apply to all aspects of such Marijuana Licenses, ican, the issuance of any zoning approvals and/or completion of pending ‘administrative appeals under the Ordinance. This Order specifiy enjoins the City from issuing any additional provisional Marijuana Lieses final ‘Marijuant Licenses, certificates of occupancy related to the Marijuana Licenses, or signing Michigan Marijuana Regulatory Agency (MRA") ‘Attestations concerning the Marijuana Licentes, B) The MRA shall be enjoined fiom issuing State of Michigan operating licenses related to the following Marljoana Licenses inthe Cty Name Ticense Types_[ Licensed Addresses Portage Acquisitions Ine. | Prov. Center| 1814 10 Steet Retailer Desig. Cons. Est Revolution Stains, Ie. Prov. Center | 25@9 Lapear Ave. Retailer TEGT 10" Street Portage Acquisitions, Ine. | Prov. Cenier Portage Acquisitions, Ine, Sis Wall St ‘Ox Tall Ine. T0OOPine Grove | The Exhibit Cannabis Co. 1033 River St ‘Green Standard Cultivation 00 Quay St "2300/2358 Military St Farm Science, LLC IT IS HEREBY FURTHER ORDERED counsel for the City shall serve a copy of this (Order on all applicants for Mrjuana Licenses as well asthe MRA vi certified mail ad regular mail 3 :46 CLERK OF THE 31ST CIRCUIT COURT-FAX FILED RECEIVED JAY M, DEBOYER 04-15-2021 15:ITIS HEREBY FURTHER ORDERED the Court shall schedule a Pretil Conference, for a date tobe determined, after May 31, 2021, ie, Circuit Judge Approved as to form: (elNadcom N. Harfouch ‘Attomey for 1864 US-23, LLC ‘sf Harold Peeakis ‘Attomey for Farm Science, LLC snd Mak Abrabam (W/T. Allen Francis ‘Attorney for City of Port Huron PREPARED BY; 7. Allen Francis (P61160) Fletcher Fealko Shoudy & Francis, P.C. 1411 Third Steet, Suite F Port Huron, Michigan 48060 (810) 987-8406 4 RECEIVED JAY M. DEBOYER 04-15-2024 15:36:46 CLERK OF THE 31ST CIRCUIT COURT- FAX FILEDLOCAL PROPOSAL PETITION eur eat ae cetacean cent yen ‘Bebe spantamtaace enn nen ssa sty te yeh SRR o wcucnes aroma near m maereeeeeats