Supreme Courtroom stays ruling towards Fort Smith marijuana cultivator, will expedite assessment of case

The state Supreme Courtroom has stayed a circuit court docket ruling that had positioned a Fort Smith marijuana cultivation facility on a path towards having its license revoked, based on an order granted by the court docket Thursday. 

The court docket ruling in favor of River Valley Aid and proprietor Storm Nolan accompanied one other ruling wherein the court docket mentioned it will expedite its assessment of the case. 

The way forward for Nolan’s enterprise grew to become unsure final month when Circuit Choose Herb Wright dominated in favor of plaintiff 2600 Holdings, which contended that the state Medical Marijuana Fee had erred when it issued a license to River Valley. 

Nolan tried to intervene within the case twice however Wright denied him every time. 

Wright sided with 2600 Holdings that Nolan’s enterprise was situated lower than 3,000 ft from the Sebastian County Juvenile Detention Heart, which Wright mentioned met the fee’s definition of a faculty. Nolan has since argued that he did vital analysis into whether or not the detention middle can be thought of a faculty and mentioned officers with the state Division of Schooling and Fort Smith public colleges advised him it was not a faculty. 

Wright additionally discovered that River Valley was ineligible to obtain a license after Nolan had dissolved the enterprise entity listed on his software. Wright additionally discovered that Nolan now not possessed the property listed in his software. 

Wright stopped in need of revoking Nolan’s license however mentioned the state ought to “take all steps essential to treatment these violations.” 

On Monday, Doralee Chandler, director of the state Alcoholic Beverage Management Division, held a revocation listening to to think about the River Valley case. Nolan, beneath oath, defended his actions in every of the counts cited by Wright. On the conclusion of an hour-long listening to, Chandler revoked the license. 

A number of hours later, the ABC suggested that Nolan had appealed the ruling, which imposed a direct keep on Chandler’s ruling, which means Nolan’s license was not revoked and River Valley might proceed working till a listening to by the ABC board. The board’s subsequent assembly is scheduled for Dec. 21. 

A ruling by the ABC board may very well be appealed to circuit court docket, based on ABC spokesman Scott Hardin. 

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