Local Modiv had sued the city and the cannabis control board in July after its application was rejected, arguing that the board had applied “an incorrect standard” and had treated its application differently than others.
Local Modiv’s owners, CEO Chelsea Duffy, the vice chairwoman of the city’s Women’s Advisory Board, and COO Matthew Cimiluca, an IT engineer, received planning board approval in March, as well as obtained a conditional license by the state last month.
Prospective applicants must be approved by the city’s cannabis control board, the planning board and the city council prior to final state approval.
During a hearing before Turula at the Brennan Courthouse Tuesday, Local Modiv’s attorney, Justin Jacobs of Spector and Ehrenworth, argued that the board’s denial of the application was wrongly based on a lack of proof of local support for the business.
“It’s because (the board) did that, they applied the wrong standard, and we submit that the action is arbitrary and capricious and unreasonable, and should be overturned by this court,” Jacobs said.