Attorney Cross responds in marijuana carousel

MENOMINEE — The legal jostling in the Menominee marijuana situation continues as the attorney representing the city disputes some of the statements made by a cannabis attorney.

Matt Cross of Cummings, McClorey, Davis & Acho, of Traverse City, the attorney representing the city in the lawsuit, said Mike Cox, who represents RIZE, incorrectly states that an agreement was reached in January.

“He knows that isn’t true,” Cross said in an email to the EagleHerald. “I said that the City Council might accept the settlement proposed at that time, but I am positive that I emphasized more than once that I obviously cannot predict how the nine members of City Council would actually vote. Mr. Cox definitely knows that, too.”

The plaintiffs include RIZE, the Fire Station, Adam Michaud and the Committee to Stop Unlimited Marijuana Shops. The intervening defendants are Attitude Wellness/Lume, OI Holdings/Higher Love, NU Group/Nirvana, Rocky North/GreenPharm and Highwire Farms.

“The Plaintiffs’ proposed agreement on the table in January did not resolve all of the pending claims, as Plaintiffs insisted on preserving their ability to continue litigating their claims under the Michigan Regulation and Taxation of Marijuana Act (“MRTMA”),” Cross continued. “City Council determined that any settlement that did not resolve all pending litigation was, and is, unacceptable. Mr. Cox has since voluntarily abandoned all his claims but the MRTMA claims.”

Cross said that Cox told him a few weeks ago that plaintiffs were ready to simply walk away in exchange for mutual releases.

“Mr. Cox then sent me a simplified settlement proposal, which is the version that was in the City Council’s agenda packet and scheduled to be considered and voted on by City Council on Monday July 15,” Cross wrote. “But the day before that meeting, Mr. Cox abruptly changed his position yet again and withdrew that settlement proposal.”

Cross said at this point, the plaintiffs are the ones holding up a global settlement, as the city and the intervening defendants are all on board with the settlement agreement that City Council approved last week.

“That version would end all pending litigation and bring lasting peace,” he said.