Serving the High Plains

Village of Logan sued over pot license rejection

A Union County company has filed a civil-rights complaint against the Village of Logan over its rejection of a cannabis dispensary license.

The complaint, filed in Quay County district court, demands a six-person jury trial.

According to the complaint, KD’s Dispensary, a company owned by Kirk and Debbi Jesko in Union County, applied for a cannabis dispensary license in Logan in March.

The Jeskos received a letter from the village informing them the license had been denied, stating all cannabis businesses must be at least 200 feet away from any residential properties.

The lawsuit states two dispensary licenses the village had approved both were within 200 feet of a residence.

After that, “the Village put the Plaintiff’s application on hold for 6 weeks, and after the fact attempted to change the licensing rules.”

The complaint states approving the two other licenses and denying the Jeskos’ license was discriminatory and violated equal protection rights under the New Mexico Constitution.

The lawsuit also asserts the Chikorie dispensary in Logan still is too close to a church per local regulations, but the village allowed it.

The complaint requests an award of actual damages, reasonable attorney’s fees, court costs and injunctive relief. It also asked the village approve the Jeskos’ license.

Rodney Paris, the village’s administrator, declined to comment because it is pending litigation.

An email to the village’s attorney, Jared Najjar of Santa Fe, requesting comment was not answered.

Jason Bowles of the Bowles Law Firm in Albuquerque filed the complaint on the company’s behalf.

 
 
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