Real Estate Litigation

Is a Bankruptcy Plan that Violates Federal Criminal Law Proposed in Bad Faith?

By: Ben Reeves Although legal in many states, marijuana remains illegal under federal criminal law. See 21 U.S.C. § 856(a)(1). One would think that engaging in illegal activity under federal criminal law would preclude relief under federal bankruptcy law. And, in fact, several bankruptcy courts have reached that exact conclusion. See, e.g., In re Rent-Rite […]

May 20, 2019 | 4 min read | Tagged: Garvin v. Cook, Medical Marijuana, Ninth Circuit Marijuana Case

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Ben Reeves Partner

Appellate Court Affirms Medical Marijuana Variance in Phoenix

By:  Patrick J. Paul On May 2, 2019, the Arizona Court of Appeals in a memorandum decision, upheld a superior court judgment affirming a variance granted by the City of Phoenix Board of Adjustment (Board) to allow the operation of a medical marijuana dispensary in North Phoenix.  Dreem Green Inc. v. City of Phoenix, 2019 […]

May 13, 2019 | 3 min read | Tagged: Board of Adjustment, cannabis, CHAA, DHS, Medical Marijuana, pot

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Patrick J. Paul, P.C. Partner

RICO Madness: The Nuisance of Owning and Operating a Marijuana Facility

By:  Bob Henry On June 7, 2017, the Tenth Circuit Court of Appeals issued its opinion in Safe Streets Alliance, et al. v. Hickenlooper, et al., (No. 16-1048), an opinion that could open the doors to property use litigation involving marijuana facilities.   One of the issues in Safe Streets was whether a property owner can […]

July 21, 2017 | 3 min read | Tagged: Federal RICO, Medical Marijuana, nuisance, Safe Streets

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Ben Reeves Partner