Pubdate: Tue, 01 Feb 2011 Source: Inland Valley Daily Bulletin (Ontario, CA) Copyright: 2011 Los Angeles Newspaper Group Contact: http://www.dailybulletin.com/ Details: http://www.mapinc.org/media/871 Author: Sandra Emerson, Staff Writer UPLAND HIT WITH CLAIM President of Marijuana CO-Op Alleges Extortion UPLAND - The president of a medical-marijuana cooperative shut down by the city filed a claim this week accusing former Mayor John Pomierski of demanding money to keep it in business. Aaron Sandusky, the president of G3 Holistics Inc., accuses Pomierski of demanding $20,000 last March to secure what was described as a "tolling agreement." Sandusky is seeking unspecified damages in the claim. "My No. 1 goal is a permit," he said. Sandusky was told a "tolling agreement" would suspend all efforts by the city to force the closure of the co-op until after the November 2010 election, according to the claim, which was filed Monday. Sandusky paid $10,000, which was delivered to John Hennes, owner of JH Pomierski Builders in Upland, who is a friend of Pomierski's. A demand was made for another $10,000, which was never paid, according to the claim. Sandusky said Pomierski did not directly ask for the money but sent someone on his behalf. "I know it had to come from the mayor," Sandusky said. Robert Schauer, Pomierski's attorney, said the former mayor disputed the allegations. "He didn't shake anybody down," Schauer said. "There is a drug dealer that got shut down by the city from selling marijuana in Upland, OK. And he's disgruntled." G3 Holistics was closed in September after the city filed an injunction in West Valley Superior Court in Rancho Cucamonga. The city's zoning code prohibits medical-marijuana cooperatives from operating. G3 was one of four cooperatives shut down. It is appealing the injunction in the Fourth District Appellate Court, said Roger Jon Diamond, Sandusky's attorney. Pomierski resigned Feb. 22 amid a federal investigation of alleged corruption in the city. In June, FBI and IRS agents confiscated records from City Hall and Pomierski's home office. They also took records from J.H. Builders and Venture West Capital in Rancho Cucamonga. A search warrant for Pomierski's cell phone sought records as evidence of violations including racketeering, conspiracy, extortion, bribery, mail and wire fraud, and money laundering. Sandusky said he has spoken to the FBI. "They actually came into the shop and introduced themselves," Sandusky said. "They told me, 'We're not here for anything to do with what you're doing.' They said, 'We are here, we want to ask some questions in regard to the current situation going on with the mayor."' Sandusky's claim said he has suffered significant and "yet to be determined" damages as a result of acts, such as interference with business trade, fraud, damage to his business reputation, racketeering, breach of contract, extortion, deceptive business practices and bad faith. In addition, according to the claim, an "Upland official" demanded an immediate payment of $5,000 before G3 opened in November 2009. According to the claim, the official told G3 representatives that "he needed the money to get his team together with allowing claimant's business to operate." Sandusky refused to pay. G3 was served later in the month with a cease-and-desist notice, according to the claim. The claim will be evaluated and acted upon in a regular manner, City Attorney William Curley said in an e-mail. "The claim will be reviewed and presented to the City Council for action," he said. "The City Council can accept or reject the claim, and it will be done on a public agenda per the City Council's policy." A claim is a precondition to a person filing a lawsuit against a public agency for damages, Curley said. "It is not a process that is influenced by any other matter such as an ongoing investigation," he said. "Accordingly, the city will act on its own, separate from any other ongoing activities." - --- MAP posted-by: Richard R Smith Jr.