A federal lawsuit against Pontiac and its city clerk over cannabis licenses is over, and the city has declared victory. Rubicon Real Estate Holdings and Joseph Brown of Browne Design Consultants sued the city and Clerk Garland Doyle in January 2023.
Rubicon claimed the city’s delays led to Rubicon’s lender withholding $45 million in loans needed to rehabilitate long-vacant buildings on seven parcels known as Glenwood Plaza, 7 and 9 Glenwood Ave. in Pontiac. Rubicon asked for $60 million.
Rubicon officials had plans from 2019 to redevelop the property for a retail grocery and medical marijuana facilities. In 2021, Rubicon sued Pontiac, claiming the city and clerk violated its rights under the due process and equal protection clauses of the U.S. Constitution’s 14th Amendment and that city regulations effectively took the property from Rubicon, a violation of the Fifth Amendment.
As part of the lawsuit, Browne Design Consultants and Joseph Brown alleged a First Amendment violation over a comment Pontiac Mayor Tim Greimel made about Browne not being an effective public spokesperson for the real estate developer SK Properties.
U.S. District Judge David Lawson’s opinion, issued July 2, said there was not enough evidence to justify the Fifth Amendment violation allegation nor did Rubicon prove the company was deprived of due process because Doyle’s decision to deny permits for potential medical marijuana tenants was based upon the tenants’ incomplete applications. Lawson dismissed the suit with prejudice, meaning Rubicon can appeal his opinion, but cannot refile the lawsuit.
Read more at the Oakland Press
