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Centennial Marijuana Lawsuit: Colorado Lawyers Plan To Sue Town Over Medical Pot Restrictions

First Posted: 03/18/10 06:12 AM ET Updated: 05/25/11 03:45 PM ET

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Update: On Monday morning, Bob Hoban, one of the attorneys bringing forth the suit, discussed some of the details of the case with Westword. Hoban assured that he is confident that the suit will be upheld: "This isn't something we're looking at as a test case, something to throw against the wall to see if it sticks. "It's something where we believe the court is almost compelled to come down on our side because of the constitutional issues at stake."

He also said that precedent for the case has been set in cases involving strip clubs and head shops:

"You can't ban an otherwise lawful use in a city entirely. This goes back to a number of strip-club cases and head-shop-type cases, where you do have to provide a place for those types of businesses to exist. You can't jut ban them entirely -- especially in this case, where you're talking about a constitutional right. That's going to be looked on by the court with pretty high scrutiny."
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A group of Colorado lawyers focusing on medical marijuana is planning on suing the City of Centennial to reopen a marijuana wellness center called CannaMart. According to a press release, the coalition is alleging that Centennial "violated Colorado's Constitution and relevant land use statutes when it forced CannaMart to shut down its operations on October 19."

According to the AP, city officials have not formally reacted to the allegations or the threat of a lawsuit.

CannaMart was closed last month after the City of Centennial moved to ban Medical Marijuana dispensaries

The press release quotes Bob Hoban, one of the attorneys carrying forth the suit, "While Centennial may not like the idea of medical marijuana caregivers providing services to patients within city limits, Colorado law is clear: the city lacks the legal authority to restrict the rights of caregivers and patients in such a way,"

An announcement has been scheduled for 11:00 AM Monday morning.

Read the entire press release below:

20091130_Marijuana

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Filed by Ethan Axelrod  |