Delay on Marijuana Petition Ruling

Municipal Offices in Lamar

District Judge, Michael Davidson, has given the plaintiff and defendants additional time to present their claims in light of some additional legal authority, discovered by the court.  The supplemental briefing order has found some authority which, “presents the question of whether the Plaintiff’s claims are moot.  To be fair to both sides, the Court believes the parties should have the opportunity to brief this question.”

Arguments were presented in District Court on January 10^th by Wanda Rohlman, Plaintiff, against the City of Lamar and Linda Williams as designated election official for the city.  At question was the validity of the initiating ballot questions pertaining to the sale and taxation of recreational marijuana products.  The Plaintiff alleged that because of an insufficient number of valid signatures on the petitions used to initiate the ballot questions for the general election on November 2, 2021, the resulting ordinances, 1248 and 1249, passed by the Lamar City Council, should be invalid.

A ruling by Judge Davidson had been expected by February 1^st, however, he has ordered that supplemental briefs be filed within 21 days of his order and each party will have the right to respond to their opposing party’s brief within seven days after the expiration of the initial 21 days.

The Lamar City Council has called for an Executive Session for Thursday, February 3^rd, for a conference with the City Attorney for the purpose of receiving legal advice on specific legal questions regarding the ballot issues on the November 2021 election under C.R.S. Section 24-6-402(4)(b)
By Russ Baldwin