City of Berkley Moves to the Appeals Portion of the Marihuana Application Process

Media contacts: Torri Mathes, City of Berkley; 248-658-3333; tmathes@berkleymich.net 

Berkley, MI – July 19, 2021 – On Wednesday, July 14, 2021, Berkley City Manager Matt Baumgarten held a public meeting and scored all marihuana license applications that had been submitted to the City between June 15 and June 29, 2020, based on the scoring matrix criteria adopted by City Council. 

The public meeting was held in accordance with the Open Meetings Act and after pending litigation in the Oakland County Circuit Court had concluded.

Two lawsuits were filed by various license applicants in December 2020 which resulted in a preliminary injunction requiring the City to suspend and postpone any further processing of the marihuana business license applications until the Court made further rulings on the claims made. The City filed motions to dismiss the lawsuits, which the Court granted in part, allowing the City to resume its intended marihuana business licensing process. 

Next Steps 
Per the City’s adopted marihuana ordinance, all applicants aggrieved by their unofficial scores have the option to appeal their scores and plead their case before a Hearing Officer who has been retained by the City at the direction of the City Council. The dates and times for the appeals have not yet been scheduled.

In order to ensure that all processes are complete and without complication, the appeal process will take place before any plans can be submitted for site plan review by the Planning Commission.

The unofficial scores and public meeting video can be found on the City’s website and YouTube channel.