Shot down for being too close to a school, cannabis retailer sues Gloucester County town
WOODBURY HEIGHTS — A Pennsylvania firm whose bid to open a cannabis store here was shot down in March, partly for being 45 feet too close to an elementary school, is challenging the zoning board's authority in state court.
Blulight Cannabis LLC accuses local officials of being “arbitrary” in denying it a use variance after a public hearing on its proposal. The store would be in a former bank at 30 Elm Avenue, within the borough Highway Commercial District.
The Borough Council adopted cannabis regulations in November 2022 that allow for only one retail cannabis business in the highway district and only if it meets numerous conditions, including that a store may not be closer than 1,000 feet to any school.
More: Woodbury Heights cannabis store plan snuffed out over traffic, nearby school
More: Revolution starts early: Pitman declares Independence Day fireworks moved to July 1
Why did Woodbury Heights says no to Blulight?
Blulight also is concerned that a competitor might secure an approval while the case is open.
In its 22-page lawsuit, the company asks for an order barring borough approval for any other retail cannabis business in the highway district. It also asks for a declaration that Blulight is “entitled” to a borough endorsement, something it needs to get a state license.
Blulight has reason to fear competition.
A company called Summit Wellness LLC wants to put a store at a former bank at 1002 Mantua Pike, not far from the Blulight site. The zoning board is expected to consider the project at its June 5 meeting.
The Summit Wellness proposal does not meet all borough regulations, either. But its site is more than 1,000 feet from any school, as local ordinance requires, according to the company.
School proximity was a factor in zoning officials rejecting the Blulight site. The border of the bank site is 955 feet from the border of the St. Margaret Regional School property, 45 feet shy of code.
The Blulight lawsuit counters that the court should consider the actual travel distance is greater than 1,000 feet, as is the distance measured from the actual school building to the bank building.
At the March 6 board hearing, numerous residents and non-residents testified against the cannabis store based primarily on its closeness to St. Margaret. The school draws students from around the county and even Salem County.
Other major issues, for board members and residents, were the likely impacts on traffic and whether customers would become a public nuisance.
The law firm representing Blulight did not respond to a call for comment. The lawsuit was filed May 12 in Gloucester County Superior Court.
Borough officials did not respond to requests for comment. The borough had not filed an answer to the complaint as of Tuesday and officials did not respond to requests for comment.
Blulight applied for a variance under the name of Shiv Prasad LLC of Allentown, Pennsylvania.
Zoning board members voting against a variance were Chairman Bruce Farrell and members Harry Elton, Sean Flynn, Debra Sesko, Michael McCabe, Scott Norcross, and Susan Reim.
Joe Smith is a N.E. Philly native transplanted to South Jersey more than 30 years ago, keeping an eye now on government in South Jersey. He is a former editor and current senior staff writer for The Daily Journal in Vineland, Courier-Post in Cherry Hill, and the Burlington County Times.
Have a tip? Reach out at jsmith@thedailyjournal.com. Help support local journalism with a subscription.
This article originally appeared on Cherry Hill Courier-Post: Rejected cannabis retailer sues Woodbury Heights for zoning variance
