Lombard denies permit for marijuana dispensary

Lombard trustees Thursday rejected a plan to open a medical marijuana dispensary in an office park a few hundred feet from residential properties.

With a 3-2 vote, the village board denied a conditional use request from MMRE LLC, the company that wanted to open a dispensary at 510 E. 22nd St.

Sean Daly, a representative for MMRE LLC, made one last argument for the dispensary before the vote: "We do not believe this will be a high-risk operation."

Even if the board had approved the conditional use, the company would have still needed to obtain a dispensary license from the state before opening. There are at least 23 other potential sellers competing for three dispensary licenses that will be issued in DuPage County.

Trustee Reid Foltyniewicz said he felt the proposed facility did not meet the village's seven standards for conditional use.

"Locating the proposed dispensary in an area that is frequented by elementary and high school-aged students would be detrimental to the health, safety, morals, comfort and general welfare of the school students," he said. "As such, granting the requested conditional use would not be in compliance."

Trustee Dan Whittington said he is very sympathetic to the needs of people who use medical marijuana but voted yes to denying the request because he felt the proposed facility didn't meet the standards regarding safety and property values.

Trustee Laura Fitzpatrick also voted yes.

The two trustees who voted no - Mike Fugiel and Bill Ware - said they researched the topic and felt there were several reasons the city should allow the dispensary, including the fact that it will be more restricted than the states that allow marijuana recreationally.

"I personally think that our chances of being litigated, should we deny this, are at least 50 percent," Fugiel said. "My fear of potential litigation, which we really can't afford, outweighs my fear of the unknown as far as traffic, crime and those types of things."

Village Attorney Tom Bayer agreed that litigation is a possibility. The village of Glenview, he said, was sued after the village board there turned down a conditional use for a marijuana dispensary.

Still, the majority of the more than two dozen people at Thursday's meeting seemed pleased with the board's vote.

In recent months, neighbors have expressed their concerns to the board, including the potential for increased traffic, decreased property values and safety risks.

Montini Catholic High School representatives have been vocal about their disapproval of the proposed dispensary's location, too, citing concerns with its proximity to the school and the potential for illegal distribution of marijuana to students.

Montini President Jim Segredo said he doesn't deny the benefits of medical marijuana for some people but stood behind his belief that the proposed facility wouldn't have been in "the right location."

"I'm very proud of the trustees because they listened to the people who live in the immediate area, listened to their concerns, made a very brave decision, and I do believe it's the right decision," he said.

Pot: One trustee fears litigation in wake of denial