Town of Brookhaven joins lawsuit against Albany over cannabis dispensary locations
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The Town of Brookhaven joined Southampton and Riverhead town governments in a lawsuit filed on Friday in Albany that claims New York State has handcuffed local towns’ ability to choose where dispensaries are placed and illegally limited their “home rule” rights to oversight of basic commercial development requirements. Michael Wright reports on 27east.com that the lawsuit asks a state court to nullify the component of the state’s Cannabis Law that limits local governments to only very narrow power to regulate cannabis dispensaries as far as their hours of operation, parking and traffic flow arrangements and nuisances like noise or smell.
Southampton, Riverhead, and Brookhaven Towns say in their lawsuit that when their respective legislative bodies chose not to “opt out” of allowing retail cannabis sales — as all counties, towns and villages were given the chance to do prior to December 31, 2021 — they did so on the basis of assurances from state officials that they would be allowed to determine where within their boundaries the shops would be allowed.
But the suing towns say that in September 2023, months or years after the three towns had adopted their own new regulations that allowed dispensaries to operate under a set of standard requirements similar to how other commercial businesses are regulated, the state adopted new guidelines that, if interpreted literally, greatly limit the towns’ authority to constrain cannabis stores.
Since that time, the state Office of Cannabis Management has issued several “advisory opinions” regarding regulations adopted by the towns, saying that the towns’ respective cannabis codes were “unreasonable and impracticable” and had limited cannabis business in ways it did not have the authority to under the superseding state law.
While the advisory opinions issued by the Cannabis Control Board do not carry actual legal authority, they have been instrumental in at least three court rulings in the last year that struck down local constraints in Southampton and Riverhead.
“I think I can speak for all of the towns involved in that we are forced to take this action to protect the towns’ Home Rule authority and our ability to control the regulation of land use within our respective towns,” Southampton Town Attorney James Burke said on Friday.
Critics from within the cannabis industry have said that the state’s claim to stringent limits on local authority will discourage other towns from opting into allowing cannabis sales in the future, and will further hamstring the already slow growth of the industry on Long Island.
There are more than 580 state-licensed dispensaries open statewide, but fewer than a dozen on Long Island — not counting the 10 on the Shinnecock Nation territory in Southampton, which are not state regulated.
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Icy conditions and blowing snow continued to make travel difficult Sunday morning, after a Saturday night that saw dozens of vehicles disabled across town due to drifting snow, Riverhead Highway Superintendent Mike Zaleski said. Denise Civiletti reports on Riverheadlocal.com that snow accumulations since Saturday morning were in the 2-to-4-inch range, but sustained winds of 25 to 35 mph, with gusts up to 50 mph caused drifts of 7 to 10 feet in some areas, Zaleski said yesterday. Reeves Avenue and the eastern portion of Peconic Bay Boulevard had the worst drifting, and there was significant drifting on Sound Avenue as well, he said.
Riverhead Town Police Chief Ed Frost said, “Several roadways needed to be shut down due to wind-driven snow drifts, which can cover a roadway very quickly.” The blowing snow caused “very tough conditions,” he said.
“This one was a crippling storm,” Zaleski said. “The winds killed us.”
“There were lots of vehicles on the roads, lots of vehicles getting stuck all throughout the night,” Zaleski said. That hampered highway department operations as
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