A Merriman Valley shopping center owner has filed a complaint in Summit County Court of Common Pleas, seeking to overturn Akron City Council’s approval of a nearby cannabis dispensary.
The complaint, the latest opposition to the proposed business, was filed by Crossings Development, which owns Valley Centre Plaza. It’s located on the west side of the North Portage Path and West Portage Trail intersection — across the street from a former CVS site on West Portage Trail, where Huron-based OPC Cultivation LLC hopes to launch the dispensary.
The court litigation seeks to overturn Akron City Council’s 7-5 vote on Jan. 29 that authorized a petition from a cannabis company to purchase the lot and open a dispensary.
“Obviously some are opposed to the facility because it’s a marijuana business,” J. Alex Quay, an attorney with Buckingham, Doolittle & Burroughs, told Signal Akron on Wednesday.
Quay represents the shopping center, which is owned by Nicole Lee.
“My client took the position that it’s not necessarily just that, as it relates to the Merriman Valley master plan passed by the city to attract businesses in that area that are family-friendly, that promote outdoor activities and the national parks,” Quay said.
Without court intervention, OPC Cultivation, operating under the brand name Firelands Scientific, will have the right to use 3,000 square feet of space for retail cannabis sales. The lot could also accommodate three other retail tenants.
Complaint follows weeks of public opposition
The court appeal comes after weeks of opposition from the homeowners association directly to the south of the lot and the owner of the plaza attempting unsuccessfully to sway the city’s planning commission and, later, City Council against the facility.
At public meetings and in letters to public officials, opponents have expressed strong personal feelings against the proposed business. They have cited claims not backed by data, including that the strictly regulated dispensary would decrease property values, attract crime, increase traffic and corrupt minors. They also challenged its proposed distance to a cultivation facility, according to their interpretation of the city code.
Kyle Julien, the city’s planning director, previously said the city is already reviewing traffic measures on the street and pursuing funding for fixes. Julien also said the proposal is consistent with zoning ordinances for the neighborhood.
Calls to the phone number listed with the Ohio State Bar Association for the attorney representing the cannabis company were unsuccessful. A spokesperson for the City of Akron confirmed the city is aware of the lawsuit but declined to comment.