County responds to dispensary case in Winter Park
October 6, 2016
At their October 4 meeting the Winter Park Town Council gave an update on the application for a recreational marijuana dispensary, Serene Wellness, which was approved by the Grand County Board of County Commissioners (BOCC) on August 16.
Winter Park Town Manager Drew Nelson said that Winter Park has received a response from County Attorney Alan Hassler along with two motions to dismiss the complaint filed by Winter Park. Winter Park has 14 days to respond, according to Nelson, and can then begin to set a conference regarding a preliminary injunction.
Judge Mary Hoak signed a Temporary Restraining Order (TRO) on Monday, Aug. 15. The TRO was requested by Winter Park and was directed at the BOCC and prevents the BOCC from holding additional Public Hearings related to the proposed marijuana retail business.
The restraining order prevented the BOCC from issuing the actual retail marijuana store license to Serene Wellness as described in the Verified Complaint.
Judge Hoak denied a second restraining order filed by Winter Park.
The BOCC approved the license in a 2-1 vote in August. Commissioners Linke and Manguso moved to approve the license while Commissioner Tollett voted against approving it.
Serene Wellness is planned to be located in the same building as the Valley Hi Motel, which is considered unincorporated Grand County, though it is contained entirely within the borders of Winter Park.
The reason that this area is unincorporated is due to a surveying error from when the town was incorporated in 1978.