For the second time in recent months, Prince Lobel has been involved with a case overturning a denial of a retail cannabis establishment by Boston’s Zoning Board of Appeal, this time with attorney Mike Ross serving as an expert witness in the case.
Ross served as an expert witness for a case that challenged whether the Boston Zoning Board of Appeal (ZBA)’s denial of a Brighton dispensary was lawful. Working with David McCay of Mirick O’Connell, Mike Ross, who has permitted a plurality of cannabis establishments within Boston, was able to point out to the court other instances where the ZBA approved less qualified applicants than the instant case. The judgment credited Ross with “persuasive testimony” and also relied on a previous client’s similar case ruling to reverse the decision, citing the denial as arbitrary and lacking.
Read the decision here.
If your business is considering litigation as a means to reverse an unfavorable decision, please reach out to Prince Lobel’s Cannabis Group Chair, Mike Ross.