Pubdate: Fri, 10 Jun 2011
Source: Holland Sentinel (MI)
Copyright: 2011 GateHouse Media, Inc.
Contact: http://extra.hollandsentinel.com/submitletter.shtml
Website: http://www.hollandsentinel.com
Details: http://www.mapinc.org/media/1145
Author: Gary Brower, The Holland Sentinel

MEDICAL MARIJUANA ORDINANCE SURVIVES FIRST ROUND IN HOLLAND TOWNSHIP, 
BATTLE CONTINUES

Holland Township, MI - Patient Solutions 420 was denied in its first
attempt to overturn a Holland Township ordinance banning medical
marijuana dispensaries, but the representatives of the dispensary say
the fight has just begun.

Ottawa County Circuit Judge Jon Hulsing on Friday denied Patient
Solutions 420's request for an injunction to halt two ordinances
passed by the township on May 19 that make medical marijuana
dispensaries illegal in Holland Township. Hulsing ordered the issue
set aside for trial within six months.

"What (Patient Solutions 420's attorney) Mr. Grow is asking this court
to do is invalidate a unit of government that wishes to comply with
federal law, and I'm not in the position to do that at this point and
time," he said. "It's questionable whether there was a violation, or
whether action taken on May 19 was done properly. The ordinance may
very well be valid. The court is not prepared to make a judgment at
this juncture."

Patient Solutions alleges the Holland Township board and its trustees
violated the Michigan Open Meetings Act on

March 3 when it discussed medical marijuana in board chambers after
the regular board meeting had adjourned. The dispensary asked that the
action resulting from the alleged violation, namely the passing of the
two ordinances, be voided.

Holland Township Supervisor Terry Nienhuis, who is named in the suit,
denies the Open Meetings Act violation.

The township's attorney, Craig Noland, argued Friday that no violation
took place because no action was taken at the time.

"There has been nothing offered that would warrant the extraordinary
issuance of a preliminary injunction to stop the ordinance," Noland
said. "Whatever discussion or chit-chat were done after the meeting,
they were not done in secret. They did not leave the chambers."

Patient Solutions 420 plans to pursue the Open Meetings Act violation
through the trial process, and is fighting the township on other
fronts as well.

Representative Monica Bakker said the dispensary has filed two
seperate notices of petition with the township, announcing its plan to
put on the November ballot a public vote on overturning the
ordinances. Patient Solutions 420 has until June 26 to present at
least 1,267 signatures for each ordinance, which would bring the issue
to the voters.

Until that time, the townships' zoning ordinance amendment banning
medical marijuana dispensaries is on hold, while the ordinance
regarding licensing of medical marijuana caregivers went into effect
June 5.

The licensing ordinance limits medical marijuana growth, use and
distribution primarily to residents and makes dispensaries illegal.

Bakker said if both actions fail, Patient Solutions 420 is gearing up
for a recall drive to remove six of seven board members from office.
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MAP posted-by: Richard R Smith Jr.