MATTER OF BUENOS HILL INC. v. SARATOGA SPRINGS PLANNING BD.

Index No. EF20232528.

2024 NY Slip Op 24058

IN THE MATTER OF THE APPLICATION OF BUENOS HILL INC., A NEW YORK CORPORATION, Petitioner/Plaintiff, v. THE SARATOGA SPRINGS PLANNING BOARD, THE CITY OF SARATOGA SPRINGS, DILLON MORAN, IN HIS OFFICIAL CAPACITY AS THE CITY OF SARATOGA SPRINGS COMMISSIONER OF ACCOUNTS and CITY CLERK, CITY ASSESSOR, INSURANCE OFFICER, PURCHASING AGENT, and RECORDS MANAGEMENT OFFICER, TEN CEES, LLC, PISECO REALTY, LTD., NEW YORK STATE, THE NEW YORK STATE CANNABIS CONTROL BOARD, THE NEW YORK OFFICE OF CANNABIS MANAGEMENT, TREMAINE WRIGHT, IN HER OFFICIAL CAPACITY AS THE CHAIRWOMAN OF THE NEW YORK STATE CANNABIS CONTROL BOARD, AND CHRIS ALEXANDER, IN HIS OFFICIAL CAPACITY AS EXECUTIVE DIRECTOR OF THE NEW YORK STATE OFFICE OF CANNABIS MANAGEMENT, Respondents/Defendants.

Supreme Court, Saratoga County.

Decided February 26, 2024.


Attorney(s) appearing for the Case

William R. DiCenzo, Esq. , The Law Office of William R. DiCenzo, 34-62 Junction Boulevard, Jackson Heights, New York 11372, Attorney for Buenos Hill, Inc.

Alexander Powhida, Esq. , NYS Office of the Attorney General — Litigation Bureau, The Capitol Albany, New York 12224, Attorneys for New York State, the New York State Cannabis Control Board, the New York Office of Cannabis Management, Tremaine Wright, and Chris Alexander (collectively, the Moving Defendants)


Is marijuana legal in New York?

In March 2021, New York passed the Marihuana Regulation and Taxation Act ("MRTA") (see L 2021, Ch 92). The MRTA, which created the Cannabis Law, is intended to tax, control, and regulate recreational marijuana (see Cannabis Law § 2). This represents a significant...

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