Flemington marijuana dispensary may be delayed by court fight
FLEMINGTON – An application has been filed for a recreational marijuana dispensary in the former 25 Burgers on Route 202, but it may be a while before it will open.
Bless Wellness wants to open the borough's second marijuana dispensary in the vacant building next to Burger King that was also once occupied by Pizza Hut.
However, the project is delayed because of a lawsuit filed in August contesting the borough's award of a license to Bless Wellness.
McGraw Holdings is contesting the license because there is "a lack of any sort of record explaining the (Borough Council's) decision to award Bless Wellness the cannabis license instead of McGraw Holdings."
The Borough Council voted in July to give Bless Wellness the license.
The lawsuit also alleges "there is no evidence that the borough scored the applications or had a methodology for comparing" the applications.
Flemington has not yet filed a formal response to the lawsuit.
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Superior Court Judge Kevin Shanahan has issued a temporary restraining order to stop Bless Wellness from "relying" on the award of the license pending a court settlement.
Shanahan has scheduled a Nov. 29 hearing on the case.
Bless Wellness is seeking approval from the borough's Land Use Board because cannabis dispensaries are a conditional use in the zone.
The proposed 3,460-square-foot dispensary and the Burger King, which was once a bank, occupy the same property.
Access to the dispensary can be directly from Route 202 or Route 31 via a shared road with the Flemington Marketplace Shopping Center. The neighboring Pearle Vision optical center is in Raritan Township though it shares the same highway access with Burger King.
A traffic study for Bless Wellness says the dispensary will generate less traffic than 25 Burgers.
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McGraw Holdings was one of the first to reach out to the county seat about opening a cannabis business.
In 2019, the Borough Council endorsed McGraw Holdings’ application to open a medical marijuana dispensary. The state Cannabis Regulatory Commission in December 2021 awarded a permit to open the dispensary on Stangl Road.
A month later the Borough Council passed a resolution supporting McGraw Holdings' proposal to move the dispensary to the Flemington Circle.
In February 2023, the Borough Council adopted an ordinance limiting the number of marijuana businesses in the borough to two. Aunt Mary's had already received a borough license to open at the Shoppes of Flemington off Reaville Avenue.
McGraw Holdings and Bless Wellness then both submitted applications for the remaining license.
On July 10, the Borough Council awarded the license to Bless Wellness "without any deliberation, explanation or reasoning for awarding Blue Wellness the cannabis license over McGraw Holdings," according to the lawsuit.
The lawsuit charges that the borough's cannabis licensing ordinance is "overbroad" and "failed to implement a procedure or process for reviewing, qualifying and approving the applications for cannabis licenses."
In addition, the lawsuit says McGraw Holdings "was never afforded the opportunity to be heard before the Borough effectively denied its cannabis license application."
Email: mdeak@mycentraljersey.com
Mike Deak is a reporter for mycentraljersey.com. To get unlimited access to his articles on Somerset and Hunterdon counties, please subscribe or activate your digital account today.
This article originally appeared on MyCentralJersey.com: NJ legal weed: Flemington marijuana dispensary may be delayed
