Medical marijuana grow operator says he plans to sue councilwoman and developers

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A dispensary owner and grower leasing a warehouse in a neighborhood at the heart of the current Denver City Council zoning discussions plans to file a lawsuit alleging that developer Mickey Zeppelin, Councilwoman Judy Montero and former Councilwoman Susan Barnes-Gelt not only interfered with his ability to conduct business, but purposefully made public the location of the grow site.

Colorado law says that a sitting public official must be given 90 days' notice before a lawsuit can be filed against that official, so the suit has not yet been filed. But Dan Emmans, owner of Grass Roots Health and Wellness and manager of the grow warehouse on Brighton Boulevard that sublets space to nearly a dozen other growers, says that his ability to conduct business has been nearly stymied by Zeppelin.

He charges that Zeppelin and Barnes-Gelt have repeatedly disclosed the location of that warehouse in public, despite laws that keep grows secret.

Sean McAllister, Emmans's attorney, says Montero is included in the suit because she leases office space from Zeppelin's nearby TAXI project, which he argues is a conflict of interest. Montero has been at the forefront of Denver City Council's push for new medical marijuana growing regulations.

The notice states that Emmans is asking for $1.5 million in damages because many of his subletters say they won't be won't be renewing their leases. Emmans has a five-year, $48,000-per-month lease on the space.

You can read the notice below:

More from our Marijuana archive: "Medical marijuana: More than 52 grows could still be at risk from city council, attorney says."

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BuyMexican
BuyMexican

Maybe it's time for us patients to begin supporting the Mexican Cartel. After all, one of our constitutional rights is to purchase our medicine from wherever we want, just as long as it is in Colorado. Anyone know of a member operating in Boulder County?? I doubt my picture will be taken and all thew rest of the BS. I bet the prices are cheaper too!

Toosmart4theirowngood
Toosmart4theirowngood

Come on Montero, step up to the plate and defend your actions!!!

Robert
Robert

We need to stop listening to these nitwits and work to elect a competent City Council instead.

Duchess Of Dank
Duchess Of Dank

i tried this. but it's hard to get people to vote right when american idol is usa's #1 TV show and we voted for george bush twice. it just shows how many idiots there are in the world...and denver.

Michael Roberts
Michael Roberts

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Toosmart4theirowngood
Toosmart4theirowngood

The City Councils constant tinkering in the economic development of the city interferes with traditional market forces at work in a healthy normalized economy.

In a healthy economy users of resources must bid for use of a scarce resource, in this case the land. If Zeppelin Development felt that the land was more valuable being used for development than Emmans and other building owners they would increase their bid to the point where it made fiscal sense for Emmans and other property owners in the area to sell their rights to the property.

Due to Montero's tinkering and interference normalized economics are not being allowed to function and Zeppelin is manipulating the market price of this land by abusing zoning to reduce the value of the land by preventing other users to bid what they consider a fair value for use of the land.

The end result of this is that Zeppelin Development gets their land at below market price instead of having to pay "what the market will bear", as occurs in a functioning economy. They are able to obtain the property at a depressed price due to the inability of others to utilize the space for their desired purpose.

Thanks City Council for ass F*CKING common sense economics, robbing building owners of their properties inherent worth and allowing developers to manipulate the city zoning laws to allow them to obtain property at below market pricing. Good Job, keep it up, maybe we can sell the City and County building to them for a discount if we change the zoning laws there. Lord knows I would love to have a condo in the converted City and County building.

Jusmeangie
Jusmeangie

Instead of people fighting against a solution, why don't they work towards one? Is it better to be right, or to get it right? Now, don't get me wrong, I'm a patient and involved in my community, and although I would not mind one bit living in a place where I smelled cannabis all day- it's obviously a problem for others.

I'm jus sayin...

Robert
Robert

You seem terribly confused. Why fight against the final solution? So you can still buy medicinal cannabis.

With Councilors describing their scheme to force state-licensed cultivation out of Denver warehouses as a "compromise" and the Medical Marijuana Industry Group providing political cover for them, many dispensaries (not in the MMIG) have their backs against the wall. Your perception that the Council is acting to solve a problem caused by the smell of cannabis has nothing to do with reality.

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