BUTTE - The owner of a marijuana dispensary, which stirred controversy due to its proximity to Butte High School, has filed a federal lawsuit against Butte-Silver Bow County claiming the county abused its power when it delayed the issuance of a business license to the dispensary earlier this year.
Glenn Broughton, who opened Starr Buds dispensary in the former Miller’s Boots and Shoes building on Arizona Street, alleges in the lawsuit that the county violated his Fifth and 14th Amendment rights by delaying the opening of his business by 47 days. Court documents claim Butte’s planning department approved his license in April, only to withdraw it a few days later.
Watch: Marijuana dispensary sues Butte-Silver Bow County
The lawsuit contends that Butte claimed his business was within 500 feet of the school’s welding shop and located off the same street. Dispensaries are not allowed within 500 feet of schools by state law.
However, Broughton’s legal team successfully argued that the law applies to the being within 500 feet of the entrance of the school's physical address, which is on Wyoming Street, and at least 1,000 feet away from the dispensary.
It wasn’t until June 10 that Butte granted the business license to the dispensary. Broughton is seeking compensation for the delay, which he claimed cost him profits of no less than $75,000.
Butte-Silver Bow did not respond to messages seeking comment. A message left with Broughton’s attorney was not immediately returned.
