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Granby, Entrepreneur Tussle Over Pot Shop

GRANBY, Colo. (CBS4) - The town council in Granby is deciding Tuesday night whether it will continue to block a retail marijuana entrepreneur from opening a pot shop in the mountain town.

On one side of the fight sit many of Granby's elected officials who say the Grand County town's residents don't want retail marijuana. But a business owner says the town is unfairly singling out his proposed business by trying to annex the land where he wants open shop. He's filed a lawsuit that could move forward if the town rules against him.

"The town people have indicated that they do not want any marijuana retail establishments or grow establishments or processing establishments within the town of Granby," Town Manager Wally Baird said.

It's the second time Granby has threatened to block a pot shop from opening.

Debated Tuesday is as strip mall in which the landlord has agreed to allow a retail marijuana shop. Currently it's part of unincorporated Grand County.

But "it's surrounded by the town," Baird maintains.

Still, Bob Hoban, an attorney representing the proposed marijuana shop, says the town isn't playing fairly.

"If something is surrounded by the town completely, they can annex the whole subdivision, they can probably do it. But they're picking one enclave within an enclave, which is not permissible by law," he said.

The pending lawsuit claims the homes and other businesses are not up for Tuesday's potential annexation. One business in this part of the county is owned by Granby's mayor.

"The town board is responding to all of the emails, telephone calls, and in-person visits from all the residents of the town who say they don't want that kind of a business within the town," Baird said.

Hoban said his client is merely trying to run a legalized operation.

"They're trying to deprive my client to operate a lawful business, which he's gone through all the steps with the county," Hoban said. "He's ready for approval."

He said the town can't control what sits on county land, hence the annexation process.

"They've done what Amendment 64 lets them do, and they've banned marijuana shops. Unfortunately they don't control the county," Hoban said.

If annexation is approved, it will likely be in front of a judge before the end of the year. Both sides say they're digging in for a long fight.

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