On March 18, Law360 quoted Tucker Ellis partner Ashley Brandt in its coverage of a significant Illinois First District Appellate Court decision affirming dismissal of a challenge to a Chicago special-use permit granted to MariGrow Inc. for an adult-use cannabis dispensary.

The decision marked the latest step in a hard-fought zoning dispute that proceeded through the Chicago Zoning Board of Appeals, the circuit court, and the Illinois First District Appellate Court. MariGrow prevailed at every stage, and the appellate court affirmed the dismissal of the challenge.

The challengers alleged that the zoning process denied due process and equal protection and sought to attack the permit on multiple grounds. The appellate court rejected those arguments and confirmed that the challengers failed to satisfy Illinois standing requirements. The court also concluded that MariGrow and the zoning board complied with applicable statutory requirements.

Ashley commented to Law360: “We’re gratified the First District vindicated our approach and confirmed that challengers must actually satisfy Illinois’ standing requirements. NIMBY-style opposition driven by misconceptions about today’s rigorously regulated dispensaries isn’t enough. The decision keeps the focus on facts, compliance and the real benefits these businesses bring to neighborhoods, and it should help deter protracted, unfounded litigation so responsible adult-use facilities that follow the rules can open and serve their communities.”

The ruling offers useful guidance not only for cannabis businesses, but also for breweries, distilleries, bars, restaurants, and other regulated businesses that often need special use permits and other zoning approvals in Chicago.

For additional analysis of the decision and its implications for dispensaries and other regulated businesses seeking zoning approvals in Chicago, read Ashley Brandt’s post on Libation Law Blog.

MariGrow was represented by Ashley Brandt, Dan Curth, and Jay Shultz of Tucker Ellis.