HomeMy WebLinkAboutNancy Park Minkler - Comments on Open Session Item No. 1 on 6_17_20 Agenda- redactedFrom:Nancy Park Minkler
To:Public Comments (publiccomments@sbcity.org)
Cc:Ryan; Katy Young
Subject:Comments on Open Session Item No. 1 on 6/17/20 Agenda
Date:Wednesday, June 17, 2020 9:13:51 AM
Dear Mayor and City Council Members,
I represent SB Pharma Holdings, Inc., dba The Row House, in its action against the City regarding the
City’s denial of a cannabis permit to it. I have reviewed the proposed revised application procedures
included in the 6/17/20 agenda packet. SB Pharma would not agree to the revised procedure as part
of an agreement to settle its action against the City because 1) it would require SB Pharma to pay an
additional application fee, and 2) it would not provide any assurance that SB Pharma would receive a
permit under the new procedures. As the staff report indicates, SB Pharma scored well in the
original application procedure, ranking eighth out of 18 among retail applicants. SB Pharma
contends that if the City had followed its original application procedures, three retail applicants who
ranked higher would have been disqualified and SB Pharma would have received a permit. Because
SB Pharma maintains that it should have received a permit in the original application process, it will
not agree to dismiss its claims for merely another chance to reapply. Whether included in the
revised procedures or in a separate settlement agreement, SB Pharma would consider dismissing its
claims only if the City confirms that it would be granted a permit under the revised procedures and
would not have to pay another application fee. Since one of the goals of the revised procedure is to
resolve pending litigation, I urge the Mayor and City Council to consider revising the proposed
procedure to address the concerns of SB Pharma and the other litigants.
Thank you for your consideration.
Nancy Minkler
Nancy Park Minkler
Of Counsel
Ad Astra Law Group, LLP
--------------------------------
The Hobart Building
582 Market Street, 17th Floor
San Francisco, CA 94104
www.astralegal.com
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