A lawsuit filed against the Town of Snowflake and Copperstate Farms has lost another plaintiff. On Oct. 12, plaintiff Daniel Prestwich provided notice of “voluntary dismissal” of his claims in the matter filed by Statecraft Law, headed by attorney Kory Langhofer, Thomas J. Basile and Roy Herrera. The suit aimed to derail the town’s pending approval of Copperstate’s intention to operate a medical marijuana growing operation in Snowflake.
A letter dated June 27, 2016, from Statecraft, whose letterhead states “law-government-crisis management,” under the signature of Langhofer sent legal notice, “because we reasonably anticipate litigation concerning one or more of the foregoing issues,” and notice was being given to the town to “preserve documents that may be relevant to such litigation.”
Initially, Statecraft represented State Senator Sylvia Allen (R), State Representative Bob Thorpe (R), Lowry Flake and Maylene Flake, and identified certain procedural and substantive defects in the Town of Snowflake’s pending approval of a special use permit and medical marijuana cultivation facilities agreement with Copperstate Farms, LLC, and requested that documents be preserved in anticipation of litigation.
When the lawsuit was filed, Daniel and Aaron Prestwich, and George Wilkinson had been added as plaintiffs, and Allen and Thorpe had been removed as plaintiffs.
Later, Lowry and Maylene Flake were removed as plaintiffs, as was Aaron Prestwich. With the withdrawal of Daniel Prestwich, the only remaining plaintiff from Snowflake is Wilkinson.
A complaint that cited the same reasons as the lawsuit was sent to the Arizona Attorney General’s Office. Snowflake Mayor Tom Poscharsky has called these people “outsiders,” because the person initiating the complaint to the AG’s office was Ken Krieger of Peoria and the complaint was filed for Krieger by Rep. Paul Boyer of District 20, which covers portions of Phoenix, Glendale and Peoria.
On Sunday, Sept. 18, it was posted that, “The Arizona Attorney General has found no basis for a complaint filed against Snowflake by a Phoenix state legislator, but the AG’s office believes the town might have violated a facilities agreement for a proposed medical marijuana growth facility.”
The council met Oct. 11 and, following an executive session for legal advice, approved a motion to authorize the amendment of the two agreements in a 7-0 vote removes the fee provision from the agreement with Copperstate that the AG’s office referred to.
“We (Copperstate and the town) filed a motion to dismiss, and Statecraft filed an answer to that motion, so the judge will decide within the next 30 days or so to continue with the lawsuit or dismiss it,” said Snowflake Town Manager Brian Richards.
Mayor Poscharsky said that this action from those living outside of Snowflake and Navajo County has cost the town approximately $50,000, because people living in the Phoenix area do not want Copperstate Farms to be approved to grow medical marijuana in Snowflake.
