Three Menominee marijuana dispensaries are reopening as the Temporary Restraining Order forcing their closure was suspended yesterday.
A hearing that started Friday resumed yesterday morning via zoom in the ongoing City of Menominee Marijuana legal proceedings. Attorney Kevin Blair, representing Attitude Wellness aka Lume, addressed the court for over a half-hour with his reasons for his emergency motion to lift the temporary restraining order. After much back and forth, by attorneys, Judge Mary B. Barglind recessed until 1pm to review the newly presented motion that she received just moments before taking the bench. Upon reviewing the emergency motion, Judge Barglind said “We were scheduled today to proceed with the testimony on the issue of the emergency motions to dissolve the temporary restraining order and for the court to determine whether or not there had been a violation of the preliminary injunction order.” Barglind says, “it really boils down to three main things that have stood out to her as important. One of them is the attached agenda for the special meeting that Mr. Blair argued the City Council is going to take up to readdress/reenact some of the issues that have formed the basis for the court’s preliminary injunction. That meeting is scheduled for this evening. Second, the information attached the defendant’s motion for reconsideration and motion to dissolve. They were two separate pleadings. That shows the August 21st city council meeting was properly noticed. The information from the injunction hearing was to the contrary. Third, which is also a piece of new evidence, that was not before the court at the preliminary injunction or the affidavits of the council members attesting to the fact that they reenacted the closed session topics in the open portion of the meeting then voted on the second uncapping ordinance in public at the July 27th hearing and that information did not come to the court until November 9th. The court was not aware of it at the September 25th hearing or the September 26th ruling nor anywhere in-between them.”
As of Monday, the temporary restraining order is suspended, allowing Lume, Higher Love, and Nirvana to reopen. The court will reconvene Wednesday at 9:30am at the Menominee County Courthouse for further action.