[OAMA] Moratorium on Acceptance of Applications for Marijuana Establishments
Like many towns, my Town is struggling with the new marijuana laws. We just
passed a 'special use permit' process which includes many businesses,
including marijuana businesses (i.e. Application filed with the Planning
Commission, notice and hearing process, appeal to Council of approval or
denial of permit, etc.). But the Town can't seem to come to a point on a
new marijuana ordinance which I think needs to 'dovetail' and work in
conjunction with the special use permit process.
My question. I have heard, but know nothing about the possibility of the
Town passing a moratorium on accepting permit applications until the Town
has had adequate time to study the type of Ordinance and regulations they
might want to put into effect. If this is possible (legal), what form would
it take? I've never seen this done. How long can the moratorium be in
effect, etc.? Any information would be appreciated. Thanks.
Mark
Mark Pordos, Attorney
The Law Office of Mark J. Pordos, PLLC
A Professional Limited Liability Company
814 Manvel Avenue
Chandler, OK 74834
Tel: 405/258-5301
Fax: 405/258-5302
Here is an old case that approved a temporary moratorium pending adoption of comprehensive zoning ordinance. This may be of benefit to you in answering your questions.
McCURLEY v. CITY OF EL RENO 1929 OK 306 280 P. 467 138 Okla. 92 Case Number: 18992 Decided: 09/10/1929 Supreme Court of Oklahoma. McCURLEY v. CITY OF EL RENO et al.
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From: Oama oama-bounces@lists.imla.org on behalf of Mark Pordos pordos@att.net
Sent: Thursday, February 20, 2020 2:15 PM
To: oama@lists.imla.org oama@lists.imla.org
Subject: [Oama] [OAMA] Moratorium on Acceptance of Applications for Marijuana Establishments
Like many towns, my Town is struggling with the new marijuana laws. We just passed a ‘special use permit’ process which includes many businesses, including marijuana businesses (i.e. Application filed with the Planning Commission, notice and hearing process, appeal to Council of approval or denial of permit, etc.). But the Town can’t seem to come to a point on a new marijuana ordinance which I think needs to ‘dovetail’ and work in conjunction with the special use permit process.
My question. I have heard, but know nothing about the possibility of the Town passing a moratorium on accepting permit applications until the Town has had adequate time to study the type of Ordinance and regulations they might want to put into effect. If this is possible (legal), what form would it take? I’ve never seen this done. How long can the moratorium be in effect, etc.? Any information would be appreciated. Thanks.
Mark
Mark Pordos, Attorney
The Law Office of Mark J. Pordos, PLLC
A Professional Limited Liability Company
814 Manvel Avenue
Chandler, OK 74834
Tel: 405/258-5301
Fax: 405/258-5302
Below is a note I made myself a while ago re: moratoriums. It might be helpful.
The U. S. Supreme Court ruled on this issue in Tahoe-Sierra Preservation Council v. Tahoe Regional Planning Agency, 122 S.Ct. 1465 (2002). The court found a moratorium on development imposed during the process of devising a comprehensive land-use plan does not constitute a per se taking of property requiring compensation under the Takings Clause of the U.S. Constitution. The Court found that an "as-applied" taking could occur (depending upon the facts). There has been much litigation since that decision regarding the appropriate purposes and durations for moratoria.
It is understood that a municipality may regulate in the proper use of its police powers.
However, a municipality cannot, by moratoria or otherwise, regulate in areas where its police power does not extend.
From: Oama oama-bounces@lists.imla.org On Behalf Of Mark Pordos
Sent: Thursday, February 20, 2020 2:15 PM
To: oama@lists.imla.org
Subject: [Oama] [OAMA] Moratorium on Acceptance of Applications for Marijuana Establishments
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Like many towns, my Town is struggling with the new marijuana laws. We just passed a 'special use permit' process which includes many businesses, including marijuana businesses (i.e. Application filed with the Planning Commission, notice and hearing process, appeal to Council of approval or denial of permit, etc.). But the Town can't seem to come to a point on a new marijuana ordinance which I think needs to 'dovetail' and work in conjunction with the special use permit process.
My question. I have heard, but know nothing about the possibility of the Town passing a moratorium on accepting permit applications until the Town has had adequate time to study the type of Ordinance and regulations they might want to put into effect. If this is possible (legal), what form would it take? I've never seen this done. How long can the moratorium be in effect, etc.? Any information would be appreciated. Thanks.
Mark
Mark Pordos, Attorney
The Law Office of Mark J. Pordos, PLLC
A Professional Limited Liability Company
814 Manvel Avenue
Chandler, OK 74834
Tel: 405/258-5301
Fax: 405/258-5302
e-mail: pordos@att.netmailto:dlstoy@andrewsdavis.com