SPRINGFIELD — A Hampden Superior Court judge has overruled the Springfield City Council, saying it must allow Insa to open a marijuana shop at the former Luxe Burger Bar site on West Columbus Avenue.
Judge Michael K. Callan said the council’s denial of a special permit for the shop last year was “arbitrary and capricious" and had “no rational basis.”
The judge rejected arguments offered by some councilors that the permit would allow Insa to have a monopoly, or that the site was inappropriate.
Referring to the delays already endured by Insa and the challenge of the coronavirus pandemic, Callan gave the council a 10-day deadline to approve the special permit. The council was directed to approve 28 conditions previously recommended by the city’s Department of Planning and Economic Development.
“The City Council’s decision in September and December of 2019 are based on legally untenable grounds and are arbitrary and capricious,” Callan wrote in his ruling. “Therefore the City Council’s denial of Insa’s special permit application must be annulled.”
Jeffrey Poindexter, a Springfield lawyer who represented Insa in its appeal, said the business owners are “really excited at this point to be able to open and see the city get much needed money.”
Council President Justin Hurst, who was among the councilors voting against the permit, said the council will comply with the ruling. A meeting is not yet scheduled.
“We lost and it’s time to move forward,” Hurst said.
Poindexter said the concerns raised by some councilors, including that Insa could create a monopoly, “really just has no basis in either fact, law, or reality.” The council previously granted Insa a permit for a medical marijuana facility on Cottage Street.
In September, the council approved special permits for three recreational marijuana businesses in Springfield, but Insa’s bid for a permit failed by one vote.
The vote was 8-3 in favor of Insa’s permit, but nine votes from the 13-member council were needed to pass.
Councilors voting against the special permit were Orlando Ramos, Adam Gomez and Hurst. Councilors absent from the meeting were Michael Fenton and the late E. Henry Twiggs.
In his 26-page ruling, Callan said Hurst and Ramos argued that allowing Insa a permit “would hand Insa a lucrative monopoly in a prime, if not the best, location in Springfield.” Callan said the city, however, is able to grant up to 15 marijuana locations — and that two businesses run by Insa is not a monopoly.
Callan also noted that Hurst erroneously believed that the property was owned by the city, which the councilor had cited as a reason to deny the permit.
The judge said Gomez’s opposition was based “on his erroneous belief” that the council could not vote in favor of the permit because the South End Citizens Council had not submitted a letter of support. As stated by some other councilors and City Solicitor Edward Pikula during the hearing, there was no legal requirement for such a a letter, Callan said.
The other businesses approved that night did not have letters from neighborhood groups, the judge said. There was no public opposition to the Insa permit at the September hearing.
Hurst said Tuesday that he stands by his concerns, including customers getting on and off Interstate 91 to buy marijuana with no benefit to businesses in the main downtown area. The site is at 1200 West Columbus Avenue, near the Basketball Hall of Fame.
Hurst said that once the permit is granted, he urges Mayor Domenic J. Sarno to present a second round of marijuana businesses for the council’s consideration.
The other marijuana shops approved in September were: Holistic Industries, at 1300 Boston Road; 6 Brick’s LLC, at 259 Albany St.; and 311 Page Blvd LLC, at that address in East Springfield.
The shops have not yet opened.
Sarno forwarded the initial four marijuana shops to the council as the top-ranked applicants in Springfield, with Insa listed as the highest rated.
Gov. Charlie Baker has allowed medical marijuana shops such as Insa’s location on Cottage Street to be remain open during the coronavirus pandemic. In May, allowed recreational shops to open for curbside pickup.