Elgin medical pot dispensary turned down, lawsuit still pending

Even though the state turned down an application for a medical marijuana dispensary in Elgin, opponents who sued the city aren't saying they will withdraw the lawsuit.

Salveo Health & Wellness CEO Alex Thiersch said he's disappointed about not being one of the two dispensaries, out of 14 applicants, in Kane County among the statewide winners of the licenses announced Monday by Gov. Bruce Rauner. Those two companies are Healthway Services of West Illinois and Pharmacann, which could open at 1056 N. Route 59 in Aurora.

Salveo wanted to open the dispensary at 1330 Crispin Drive in the Fox Bluff Corporate Center, whose property owners association filed a lawsuit in November against the city of Elgin, Salveo and the building owner. The city granted zoning for the dispensary in October.

The lawsuit is still pending, said Joe Graziano Jr., part-owner of Terri Lynn Inc. and Packaging By Design in the Fox Bluff Corporate Center. The lawsuit claims the city council's decision didn't comply with municipal code or state law.

"We exchanged emails with our counsel this morning, and we're formulating our position on the pending lawsuit," Graziano said Tuesday afternoon, declining further comment.

Elgin Corporation Counsel Bill Cogley said the city spent $759 through Dec. 31 on the lawsuit.

Graziano and other business owners argued the dispensary didn't belong in the corporate center. "I've never had any objections to a dispensary, I just didn't think it was the right location," he said.

It's doubtful the lawsuit negatively affected Salveo's chances of getting a license, Thiersch said. "Although we were unable to make that wish a reality, it certainly was not due to a lack of effort by the city and those residents who supported us," he said.

Thiersch also said he'll continue efforts to bring a dispensary to Elgin.

"We are hopeful that over the course of the next several months the (medical marijuana) program will prove successful and that the state will want to expand the program to other locations," Thiersch said. "When that happens, Salveo will be ready to again attempt to site a dispensary within the city of Elgin."