Washington Supreme Court Reverses Decision That Let Chelan County Shut Down Marijuana Operation
The Washington State Supreme Court is reversing previous decisions that supported Chelan County's shutdown of a marijuana operation in 2017.
The Supreme Court has determined that Seven Hills Farm established its business before the county placed a moratorium on marijuana producing operations in 2015, and banned them a year later.
The decision overturns a unanimous state Appeals Court ruling that favored the county. The Supreme Court's finding could be a setback to Chelan County's efforts to eliminate marijuana growing businesses.
A lower Superior Court had previously also sided with the county.
The high court action was a 5-4 decision, with four justices saying the majority presented a complicated picture to a simple case. The dissenting justices found that Seven Hills did not locate its marijuana producing business in the County until after the moratorium explicitly prohibited it from doing so.
The Supreme Court did back up the lower court decision that Seven Hill's use of propane tanks violated the county's building code. It agreed that Seven Hills installed the tanks without a permit and approval from county inspectors.