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AI- 2736

Special / Executive Session Board of Supervisors Meeting

Meeting Date:: 02/23/2016
Title:: Sonoran Care Lawsuit
Submitted By:: Britt Hanson, County Attorney
Department:: County Attorney

Presentation:

No A/V Presentation

Recommendation:

Document Signatures:

# of ORIGINALS
Submitted for Signature:

NAME
of PRESENTER:

Britt Hanson

TITLE
of PRESENTER:

Chief Civil Deputy County Attorney

Mandated Function?:

Source of Mandate
or Basis for Support?:

Information

Agenda Item Text:

Discussion and possible direction regarding the lawsuit filed by Sonoran Care, LLC seeking to overturn the Board's denial of a special use permit for a medical marijuana dispensary and cultivation facility.

Background:

On November 18, 2015, the Planning and Zoning Commission voted to deny a Special Use Permit to Sonoran Care, LLC for a facility for cultivation and dispensing of medical marijuana. The subject parcel, APN 404-26-001, is located 2.8 miles north of Davis Road on Central Highway south of Elfrida, AZ.

Sonoran Care appealed to the Board of Supervisors. Staff recommended that the Board uphold the appeal and reverse the Commission's decision. On January 5, 2016, the Board voted 3-0 to deny the appeal.

Sonoran Care has now filed a special action in Cochise County Superior Court seeking to overturn the Board's decision.

The purpose of this agenda item is to discuss the lawsuit with the Board. The County Attorney will be recommending that the Board go into executive session.

Department's Next Steps (if approved):

N/A

Impact of NOT Approving/Alternatives:

N/A

To BOS Staff: Document Disposition/Follow-Up:

N/A

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