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ALFRED, Maine - An injunction against the Town of Lebanon seeking to forbid officials from implementing and enforcing its adult use retail marijuana ordinance was filed on Monday in York County Superior Court.
According to the injunction filed on behalf of 10 Lebanon residents, the ordinance, "contains provisions and schemes that are unconstitutional and unlawful" and "will cost the Plaintiffs as taxpayers of the town ... significant sums due to the legal infirmities."
The injunction was drafted and filed by the law firm of Fairfield and Associates of Lyman, with a principal plaintiff of Lebanon resident Michael Walsworth, who said the effort had come from a wellspring of concern about the direction of the town.
"The work of the injunction is not the work of a single-minded individual," he said today. "It is the work of over a dozen concerned residents and Lebanon business owners. It was our desire and our hope to avoid legal action but the deaf ears, bullying, and retaliation from the Lebanon Board of Selectmen precipitated the events that led to the filing of the injunction. We are convinced that an examination by a court of law will find that the Lebanon marijuana and impact fee ordinances are unconstitutional and only benefit a select few in the Town at the cost of harming many, many others.
Meanwhile, Lebanon selectmen on Monday pushed forward with beginning the implementation of the contested ordinance, unanimously voting in current town code enforcement David Salvatore to a one-year appointment as marijuana enforcement officer. No salary amount was mentioned.
The five-member board during Monday's meeting comprised just Selectmen Chair Chuck Russell, who is facing another recall vote later this fall; Paul Philbrick and James Dupuis. Selectman Jeff Adams has been absent for a couple of weeks, and Lizotte is out on medical leave for an indefinite period of time. Both Adams and Lizotte as well as budget committee member Deborah Dorey Wilson are also facing a recall test.
Also during the special Monday meeting one of the plaintiffs in the injunction, Teri Merrill, was arrested by State Police after she entered and berated Russell for his abuse of power and accusing him of thinking he was the "King of Lebanon."
Merrill told The Rochester Voice today she was in handcuffs for three hours prior to arriving at York County Jail in Alfred where she was booked and later bailed on $100 plus a $60 fee for the bail bondsman. Her arraignment is set for October in Springvale District Court.
Walsworth said today that selectmen's blatant, unbridled and illegal effort to push through a retail cannabis ordinance may have led to the current court action, but that it was really all about government accountability. He said he was disappointed at the way his group's opponents continue to mischaracterize and spread falsehoods about their effort.
"We are not misguided, confused, or ignorant," he added. "We are anti-corruption and seek that the rule of law and constitutional rights be applied in Lebanon as they would be applied anywhere else in the state. Marijuana may have been the catalyst, but it is not the root problem. Our diverse group fully understands that if left unchecked, the Board of Selectmen's abuse of powers and intentional, flagrant disregard of the law will only increase. We look forward to a future where the residents of Lebanon can work together with a Board of Selectmen to produce ordinances that protect the town from predators; not invite them in to take advantage of small town life."
Meanwhile, the request for declaratory injunction had not been acted upon by a judge as of late Monday afternoon.
The defendant in the case, the Town of Lebanon, has 20 days from when it receives injunction paperwork to prepare a rebuttal motion.
In the meantime the judge could order a temporary declaratory injunction on the town preventing it from issuing retail cannabis licenses and acting on any and all aspects of the ordinance.
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