A former Normal Town Council member is taking legal action against the municipality he once represented, as well as a potential cannabis dispensary operator.
Jeff Fritzen filed suit against Normal and High Haven Dispensary LLC on June 12; the case was subsequently assigned to McLean County Circuit Judge Rebecca Foley, although no court date has been set.
Fritzen's suit follows Normal council members' May approval of a special use zoning permit that would allow the Glenview-based High Haven cannabis company to take over the former Mandarin Garden restaurant in the Shoppes at College Hills area and turn it into a dispensary.
Initially, the Normal Town Council voted 6-1 in February against approving High Haven's application, with council members disagreeing over how to interpret 2019-era zoning codes for cannabis businesses within the town limits and mixed public response to another dispensary in town.
High Haven resubmitted its application for a special use permit in March after making various revisions, including more security and additional parking in response to concerns over traffic congestion at the 106 Mall Drive location. Council members unanimously approved the company's resubmitted application on May 1, saying the new plan fit the town's current zoning requirements for cannabis businesses.
Fritzen, via his suit, argues the town was legally required to wait a year before deciding to approve the resubmitted permit and is asking the court to put a stop to High Haven's forthcoming move into the building.
According to court documents, the argument hinges on a portion of Normal's zoning code that reads "No application for a Special Use which has been denied wholly or in part by the President and Town Council shall be resubmitted for a period of one year from the date of said denial, except on the grounds of new evidence or proof of change conditions found to be valid by the President and Town Council."
"The town of Normal ignored, or in the best case, severely discounted the provisions" of the code, the suit reads.
In earlier interviews with WGLT, Normal Mayor Chris Koos said the denial was never meant to be a permanent "no" to High Haven's plans and he had seen substantive change in the resubmitted zoning application.
“They came back with a more robust plan for parking, and how to deal with some of the traffic issues that people were concerned about in how people enter and exit the property. I felt they had in good faith tried to address some issues. That's why I voted for it,” Koos told WGLT on May 2.
He added there were state licensing deadlines to consider, as well.
“And if you didn't meet those guidelines, you lose the license. The applicants were kind of under the gun to get it done,” said Koos. “Also, they had a location they wanted, and they were working with the owner of that location. If there had been another delay, that might have might have gotten in the way of that.”
Council members on May 1 also approved a special use zoning permit for a Chicago-based company to open a dispensary in a strip mall at 1609 Northbrook Drive; the suit against the town involves only High Haven, given its initially denied permit application.
Fritzen could not be reached by WGLT. His attorney, Steven Mann of Caughey, Legner, Freehill, Ehrgott & Mann, did not respond to a request for comment. A spokesperson for the town said there would be no comment on the matter due to "pending litigation."
Fritzen, as an individual, has been publicly critical of cannabis use in general, stating during the public comment portion of a February council meeting that "there are serious mental and physical health impacts of cannabis use ... along with public safety concerns."
"Allowing the location of a cannabis dispensary in the proposed prime location will promote its use at the expense of the health, safety and welfare of our community," he said, speaking against High Haven's original proposal.
Normal Town Council members met earlier this month to discuss possible updates to the town's cannabis business zoning policies. Possible changes include capping the number of such stores, and further restricting where they can operate. Currently, Normal limits dispensaries from being near R-1 single residential areas, but some council members want to broaden that to higher density housing, such as R-2 and R-3 zones.
Normal opted to default to the state’s current rule of 1,500 feet separation between pot dispensaries. But Normal’s ordinance doesn’t specify that figure, so if the state changes it, Normal’s rules by default would change, too.
“My sense is the council wants to codify that as well,” to put the town on a more-even playing field with surrounding communities, Koos told WGLT after the June 5 meeting.
The only dispensary currently operating in Normal is Beyond Hello on Northtown Road.
Michelle Steinbacher and Charlie Schlenker contributed reporting.
