Nasty battle over marijuana farm in Hunterdon heading back to court

LEBANON TOWNSHIP - The ongoing lengthy and complex legal fight over a proposed cannabis farm has entered a new chapter with the developer suing the township over a delay in granting construction permits.

The NAR Group filed the lawsuit in Hunterdon County Superior Court on Aug. 21, alleging that the Township Committee has "concocted a plan to thwart NASR's hemp operation."

The lawsuit claims that the Township Committee in May had directed the township's zoning officer to require site plan approval for its hemp operation.

According to the lawsuit, the Township Committee does not have to legal authority under state law to determine whether site plan approval is necessary for any project or to direct the zoning officer to notify the property owner of the requirement.

NAR's legal brief in support of the lawsuit characterized the Township Committee's actions as "simply outrageous" and "chicanery."

"Enough is enough," the brief argues. "The Court needs to put an immediate halt to NAR's mistreatment at the hands of the mayor and Township Committee."

More: Hunterdon town rejects medical cannabis cultivation facility. Here's where the case stands

NAR received a notice that site plan approval was necessary on June 20 and on July 1, NAR notified the township that it was not necessary and asked for approval for the improvements to the existing buildings on the 44-acre Anthony Road property.

According to the lawsuit, the property has nine barn structures and 3.1 acres have been cleared for agricultural use. The buildings have been cleaned from vandalization, though all the copper pipes have been stolen. The barns also have no utility connections.

The township has not responded to NAR's request to issue the construction permits for the improvements, including structural, electrical, plumbing and fire protection permits, the lawsuit charges.

"NAR is struggling to maintain the property and pay taxes for buildings it is not allowed to use," the lawsuit argues. "As a result, NAR is at risk of having to sell the property and losing it."

The lawsuit seeks to force the township to allow the growing and processing of hemp on the property. The state Department of Agriculture has issued NAR a license for the operation and the township has given NAR a zoning permit to grow hemp and use the buildings to process it, according to NAR's legal papers.

Still pending in court is a November 2022 lawsuit filed by NAR against the township Planning Board for not approving the site plan for the hemp farm. In July, NAR added the township Zoning Board of Adjustment as a defendant.

Both sides have filed motions for the court to rule on the lawsuit before going to trial. Those motions will be decided on Sept. 13 and Sept. 27.

The proposal for the cannabis facility was unveiled five years ago and became a source of controversy as community opposition grew and a grassroots group, Save Lebanon Township, was formed to fight the plan.

More: 'I'm going back to Texas': Battle over marijuana spreads in Hunterdon County

For years, the plan has shuttled among the Township Committee, Planning Board and Zoning Board and has been in and out of Hunterdon County Superior Court.

At the core of the legal battle is whether the cultivation of medical cannabis is an "agricultural use" under the township's zoning laws and could be considered a "farm," which would be a permitted use in the zone.

The NAR Group first notified the township of its intentions for the property in August 2019. The NAR Group received approval from the state Cannabis Regulatory Commission in October 2021 to operate the facility.

Before that it was used by the Diamond East Corporation to manufacture cosmetics and personal protection devices containing tear gas, pepper spray and other specialty chemical products, for about three decades.

In 2011, an Environmental Protection Agency report said, the site contained an old stone barn which housed the original cosmetics business, a large stone house used as a residence, two warehouses and various out-buildings used for storage, offices and vehicle storage.

In 2020, Lebanon Township voters approved the statewide referendum on the legalization of marijuana by a 2,630-to-1,504 margin.

Email: mdeak@mycentraljersey.com

This article originally appeared on MyCentralJersey.com: Nasty battle over marijuana farm in Hunterdon heading back to court