A spokesperson for the cannabis business that recently won a court case against the Town of Sidney said she hopes the shop will be up and running soon.
BԪַWe hope to appear before town council very quickly and BԪַ hopefully soon BԪַ to be able to do our part to keep local shopping dollars right here in Sidney and into the tax coffers,BԪַ said Cindy Pendergast of Happy Buddha. BԪַWe will do everything we can to help our community come back stronger than ever from the economic impact of COVID-19.BԪַ
She made that promise after a court had set aside SidneyBԪַs decision to deny what would have been the communityBԪַs first recreational cannabis store for reasons of BԪַillegality,BԪַ according to John Alexander, the lawyer representing the business.
Sidney council had denied plans by Cindy Pendergast and Brad Styles to open Happy Buddha Cannabis in the 2400-block of Beacon Avenue by a vote of 4-3, with opponents pointing to the municipalityBԪַs requirement for transparent windows on Beacon Avenue among other reasons. By way of background, the Liquor Control and Licensing Branch at the time required opaque windows, setting up a contradiction between municipal and provincial regulations.
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Several weeks later, the business started legal proceedings against the municipality, in part on the basis that the municipality cannot require the business to do something that is against provincial law. In June, the provincial government dropped the requirement for opaque windows. In other words, the previous conflict between municipal and provincial regulations has disappeared, leaving the application in compliance with both.
Justice Jennifer Power of the British Columbia Supreme Court nonetheless agreed with the businessBԪַ lawyer that a BԪַmunicipal government cannot require what a provincial government prohibits.BԪַ Power also found the municipality failed to follow process in hearing the initial application in the fall of 2019.
Pendergast called PowerBԪַs ruling BԪַa measured, well reasoned decisionBԪַ while also sending out conciliatory signals to the municipality.
BԪַWe appreciate the townBԪַs reaching out to us this morning and we are excited to show them our new window design,BԪַ she said. BԪַLetBԪַs get down to business and keep shopping dollars in Sidney.BԪַ
Pendergast said earlier that the business plans to ask council to approve the store as soon as possible.
BԪַWith COVID-19 no one is sure what the Sidney retail outlook will look like in the coming months,BԪַ she said. BԪַEspecially with an anticipated [second COVID-19] wave predicted for the fall. WeBԪַre here to open a new business in tough economic times. That means jobs, business taxes and consumer dollars that stay in this community. Happy Buddha will do our best to create more foot traffic on Beacon and the economic spin off will help everybody.BԪַ
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