#STEM HAVERHILL FULL#
#STEM HAVERHILL PLUS#

Our door is always open and we hope we can resolve this amicably.вЂќ We anticipated this decision, which is based upon well-established law, and believe we will win the final decision also.вЂќ The mayor also extended an olive branch, saying, вЂњIt is our hope that we can work out any differences with the owners of Stem as we have with the other two shops. Fiorentini said, вЂњWe are pleased and thankful for the courtвЂ™s preliminary decision. In a brief ruling, Lang wrote, вЂњEven if the court assumes that the plaintiff (Stem) can show a reasonable likelihood of success on the merits, an issue the court does not reach, it has failed to show the requisite irreparable harm if the requested injunction does not issue.вЂќ

We are confident that the judge will ultimately conclude that the city must obey the law,вЂќ she said in a statement. The law clearly states that impact fees must be directly related to a cannabis establishmentвЂ™s operations and must be documented and made public. вЂњWe are not discouraged or surprised by this preliminary ruling. Haverhill Stem Owner and CEO Caroline Pineau told WHAV she expects to win.

#STEM HAVERHILL PLUS#

Lang said if Stem were to later win its case, it could recover the $356,000 owed plus be вЂњmade wholeвЂќ by collecting financial damages. Stem, 124 Washington St., had argued it would suffer вЂњirreparable harmвЂќ while waiting for a hearing on its larger case-that the city must give it a detailed accounting of any impacts and related costs. вЂњThe law clearly states that impact fees must be directly related to a cannabis establishmentвЂ™s operations and must be documented and made public.вЂќДЄ Stem victory could have a major impact on MassachusettsвЂ™ cannabis retailers, which have accused local officials of abusing community host agreements to gouge money from marijuana business owners.ДЄn attorney for Haverhill argued that the community impact fee should be paid first and details on how the money is spent can be provided later, The Eagle-Tribune reported.A downtown Haverhill cannabis retailer must make its first вЂњimpact feeвЂќ payment to the city tomorrow after a Superior Court judge denied a request for an emergency delay. вЂњWe are not discouraged or surprised by this preliminary ruling,вЂќ Pineau said told the newspaper.

#STEM HAVERHILL FULL#

Many municipalities, however, simply ask businesses to reimburse them the full 3% without explaining why the funds are needed.ДЄccording to The (North Andover) Eagle-Tribune, Essex Superior Court Judge James Lang on Tuesday ruled that Stem must pay HaverhillвЂ™s fee while the lawsuit proceeds. The host communities, however, have the right to seek reimbursement for extra costs related to the marijuana companies doing business in the town вЂ“ extra police officers for traffic or security, for example вЂ“ but the fees can total only up to 3% of the operationвЂ™s annual revenue.Д«ut by state law, towns and cities must explain why the impact fees are being imposed. Under Massachusetts law, cannabis retailers must obtain a вЂњhost community agreementвЂќ from the municipalities in which they plan to operate. The suit asserts that Stem had the right to withhold the fee until Haverhill officials showed how the store was affecting the town and why the fees are needed to mitigate those impacts. Caroline Pineau, owner of Stem, alleges in the suit that Haverhill officials were violating state law by not justifying the need for so-called community impact fees.

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