The Snowflake Town Council held a special meeting July 19 to discuss in executive session litigation against the town Copperstate Farms, LLC filed by Statecraft on behalf of Snowflake residents Lowry Flake, Maylene Flake, Daniel Prestwich, Aaron Prestwich and George Wilkinson. State Senator Sylvia Allen and State Representative Bob Thorpe had previously identified themselves as parties to the proposed suit, but they have since removed themselves from it.
The council went into executive session for an hour. Upon return to regular session, Mayor Tom Poscharsky moved to approve the signing of an engagement letter for litigation counsel, which passed unanimously.
The mayor then moved to authorize the signing of an agreement with Copperstate Farms, LLC. That measure also passed unanimously.
Finally, Poscharsky moved to ask legal counsel to engage in discussions with the risk pool regarding the town’s insurance coverage, and to come back to the council with a recommendation at a future date. The motion passed unanimously.
The meeting then adjourned.
On June 27, Statecraft sent notice to the town and Copperstate Farms to preserve documents from the June 28 town council meeting in anticipation of future litigation because they had not provided adequate public notice regarding a special use permit application to grow medical marijuana.
The state statute that Statecraft referred to is for an ordinance, and this is not an ordinance, it was action to approve or disapprove a special use permit.
“We think the lawsuit is frivolous,” said Mayor Poscharsky following the meeting. “Now that everybody is having to lawyer up with an expensive $450 an hour lawyer, we are going to publish a notice in accordance with what they are alleging that we should have done, although we don’t agree with it, and we’re holding another planning and zoning meeting and another town council meeting, and voting again on the same issue and special use permit to minimize the time spent in litigation or uncertainty.”
He explained that two weeks’ notice is not necessary, but the reason for the meeting is “in order to make their allegations moot in respect to this new action.” He said that this is something that other cities have done in order to avoid litigation over something.
“It is our understanding that Copperstate Farms did not close today, and will be waiting for the revised SUP in accordance with the 14-day notice, as alleged, before closing,” said Poscharsky.
“I was pleased to see that Sylvia Allen and Bob Thorpe removed themselves as being clients from the lawsuit,” he said noting that in addition to Lowry and Maylene Flake, there are three additional Snowflake residents listed as plaintiffs, Daniel Prestwich, Aaron Prestwich and George Wilkinson.
“This will mean that all the applicants will have to wait probably another month before they can start being hired,” said the mayor, noting that to date Copperstate has received more than 700 applications.
In a statement issued July 20, Fife Symington IV, manager of Copperstate Farms, LLC, noted, “Since the Town of Snowflake granted Copperstate Farms our special use permit (SUP) on June 28, over 700 people have applied for a job at our Snowflake cultivation site. And 94 percent of those applicants are from Navajo County!
“We are very heartened by this overwhelming response, and thank the mayor and council for allowing us the opportunity to create quality jobs and benefits for so many.
“It should surprise no one that the Phoenix lawyer filing this lawsuit is being paid by medical marijuana growers in other parts of the state. Their interests are not Snowflake’s interests. This litigation is self-serving, shameful and it will not intimidate us from doing what is legal and right for Snowflake residents. We will fight for jobs and for the taxpayers of Snowflake and Navajo County.
“Let’s be very clear: Arizona’s voter-approved medical marijuana industry is expanding and creating new jobs. Those behind these nuisance lawsuits and frivolous political committees just do not want those new jobs to be for the benefit of the citizens of Navajo County.
“Copperstate Farms is resolute in moving forward with our project and to begin employing people in order to start production as soon as possible. To that end, we support the town’s decision to revisit our special use permit. Doing so will avoid unnecessary litigation costs, delay and prolonged uncertainty for those seeking employment.
“It is our intent, as soon as the new permit is issued, to start operations at the facility and move the project forward to create needed jobs for Snowflake and White Mountain residents,” Symington concluded.
