Pot shop sues city of Steamboat after relocation application denied
July 20, 2018
STEAMBOAT SPRINGS — Rocky Mountain Remedies is suing the city of Steamboat Springs after City Council decided in April not to allow the business to move to a more prominent location between downtown and the mountain.
The lawsuit outlines 48 allegations against the city and the City Council, including accusations that the city exceeded its authority and abused its discretion and that the council's vote was arbitrary and capricious.
"The court should therefore reverse the council's decision to deny the application so that the application is approved," the lawsuit states.
The Steamboat Pilot & Today reported in April that the council appeared confused by the final vote total, with some members surprised the proposal had been rejected.
“The council just said there’s no place you’re going to be able to move to improve your business outcomes,” Rocky Mountain Remedies co-owner Kevin Fisher said immediately after council voted, 4-3, to deny the shop's application to move to 410 S. Lincoln Ave.
The council denied the application despite the proposal earning the support of the city’s planning staff and the Steamboat Springs Planning Commission.
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Some council members were concerned the shop would be located next to an area that is zoned as residential. But the city’s planning department felt the dispensary should be able to move into the spot just north of the intersection of Hilltop Parkway and U.S. Highway 40 because the nearby residential parcels appeared to be shielded from the business by a 20-foot elevation difference from the parking lot of the shop to the rear property line of the nearest residential parcel.
Council also was concerned the shop would have negative impacts on surrounding businesses and properties due to the possibility of increased traffic.
The city wants the lawsuit to be dismissed because it was filed in district court. The city believes the complaint should have been filed in municipal court.