Marijuana Retailer Caroline’s Cannabis, with dispensary locations in Uxbridge and Hopedale, has sued the Town of Uxbridge to recover over $1.4 million in impact fees collected pursuant to the Host Community Agreement (HCA) between the cannabis dispensary and the town.
According to the lawsuit, first reported on by journalist Grant Smith-Ellis, Caroline’s Cannabis alleges that Uxbridge has not incurred, and will not incur, any actual or anticipated costs related to the operation of the dispensary in town and that the community impact fee was therefore improperly assessed under the HCA. As a result, Caroline’s Cannabis seeks, inter alia, a declaratory judgment that Uxbridge is not entitled to the payment of any community impact fee and a return of all funds paid to the town as a community impact fee, with interest, as well as attorney fees and costs.
The case was initially commenced in April 2022 and the Plaintiff Caroline’s Cannabis recently filed for summary judgment on March 31, 2023. If you think you may have a claim against a municipality for the return of community impact fees paid pursuant to an HCA, please call Attorney Joe Moen at 518-588-0316 or email him at joe@jtmoenlaw.com for a prompt consultation.