23.11.02 Plaintiffs' Ex Parte Motion For TRO Ex. 1-16

STATE OF MICHIGAN
IN THE 41st CIRCUIT COURT FOR THE COUNTY OF MENOMINEE

ADAM MICHAUD, et al.,
Plaintiffs,
Case No. 23-17544-CZ
vs.
CITY OF MENOMINEE, a Michigan Hon. Mary B. Barglind

municipal corporation,
Defendants.
Eric E. Doster (P41782) James A. Martone (P77601)

Doster Law Offices, PLLC Dickinson Wright PLLC
Attorney for Adam Michaud and Committee Attorneys for Plaintiff The Fire Station
2145 Commons Parkway 2600 W. Big Beaver Rd., Ste. 300
Okemos, Michigan 48863 Troy, Michigan 48084
[email protected] (248) 433-7200
[email protected]
Michael A. Cox (P43039)
Jason M. Schneider (P79296) John R. Turner (P38563)
The Mike Cox Law Firm, PLLC John R. Turner PLC
Attorney for RIZE Attorney for RIZE
17430 Laurel Park Drive North, Suite 120E 321 E. Lake St., PO Box 2396
Livonia, Michigan 48152 Petoskey, Michigan 49770
[email protected] (231) 348-4500
[email protected] [email protected]
Matthew W. Cross (P77526)

Cummings, McClorey, Davis & Acho, PLC
Attorneys for City of Menominee
3210 W. Front St., Ste. 221
Traverse City, MI 49684
(231) 922-1888
[email protected]
11/02/2023 EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER

AND ORDER TO SHOW CAUSE WHY A PRELIMINARY
INJUNCTION SHOULD NOT BE ISSUED UNDER MCR 3.310(A)&(B); OR,
ALTERNATIVELY, A MOTION TO ENFORCE THE COURT’S 10/17/2023
SUPPLEMENTAL ORDER GRANTING PRELIMINARY INJUNCTION
1
Plaintiffs Adam Michaud, Committee to Stop Unlimited Marijuana Shops (“Referendum
Committee”), First Property Holdings, LLC d/b/a RIZE (“RIZE”) and The Fire Station, LLC
(“TFS”), by and through their undersigned attorneys, rely on, among other things, the
accompanying brief, prior orders of this Court, MCR 3.310, the City’s Charter and Marihuana
Establishments Ordinance, the Michigan Regulation And Taxation of Marihuana Act, and other
applicable law, as grounds for their 11/02/2023 Motion for Temporary Restraining Order and
Order to Show Cause Why a Preliminary Injunction Should Not Be Issued Under MCR
3.310(A)&(B); Or, Alternatively, Motion To Enforce The Court’s 10/17/2023 Supplemental Order
Granting Preliminary Injunction. Plaintiffs seek an order directing the City of Menominee to close
certain marihuana retail stores.
BRIEF IN SUPPORT OF PLAINTIFFS’ 11/02/2023 EX PARTE MOTION FOR

TEMPORARY RESTRAINING ORDER
AND ORDER TO SHOW CAUSE WHY A PRELIMINARY
INJUNCTION SHOULD NOT BE ISSUED UNDER MCR 3.310(A)&(B); OR,
ALTERNATIVELY, A MOTION TO ENFORCE THE COURT’S 10/17/2023
SUPPLEMENTAL ORDER GRANTING PRELIMINARY INJUNCTION
I. INTRODUCTION
Three marijuana retail stores opened in defiance of this Court’s September 26, 2023
preliminary injunction and its October 17, 2023 Supplemental Order Granting Preliminary
Injunction. Despite the City’s duty under its Charter to enforce all laws, including rulings by this
Court, the City refuses to take any action that may impact the financial interests of these three
stores unless forced to do so by this Court.
Yet, this Court’s rulings have been exceedingly clear: the City must maintain the status
quo as it relates to licensed marijuana stores being open and operating to the public as of September
26, 2023 at 1:00 p.m. CST. If a store was not open, operating, and selling to the public at 1pm
2
CST, it must not operate now. Notwithstanding the plain, ordinary and unambiguous meaning of
the Court’s rulings, three stores indisputably opened after the Court’s deadline and the City refuses
to close them despite their continued violations of this Court’s orders.
Ironically, the City’s own Building Inspector found these three stores were not open to the
public in the hours immediately after the Court’s ruling: yet the City refuses to act. Plaintiffs also
immediately drew the City’s attention to the violations and asked the City restore and preserve the
status quo by exercising its police powers to close the stores. Purposely apathetic to the Court’s
rulings, the City has now ignored findings by its own Building Inspector, and independent and
corroborative evidence from multiple sources, that confirm the stores were not open and operating
to the public on September 26, 2023 at 1pm CST.
After trying to work with the City for the past two weeks to address the unlawful conduct,
the Plaintiffs are once more forced to seek this Court’s intervention to prevent these stores and the
City from their persistent subversion of the rule of law. Plaintiffs respectfully request that this
Court enters an order to preserve the status quo in effect at 1pm CST on September 26, 2023 when
neither Lume nor Higher Love or Nirvana were “open to the public to sell marijuana” by directing
the City and its officials to close Lume, Higher Love, and Nirvana pursuant to this Courts
10/17/2023 Supplemental Order.
II. STATEMENT OF FACTS
A. Relevant Procedural History
On Monday, September 25, 2023, this Court presided over a full day preliminary injunction
hearing with sworn testimony by Menominee City Manager Brett Botbyl regarding a series of acts
by the City – primarily the City Council – that violated several provisions of the Open Meetings
Act, Act 267 of 1976, MCL 15.261 et seq., as well as provisions of the City’s Charter. The Court
3
heard extensive testimony from Mr. Botbyl about a controlling faction of the City Council that has
continually engaged in a campaign to pressure him and others to aid Lume, Higher Love, Nirvana
and two other marijuana retailers.
The next day, Tuesday, September 26, 2023, this Court made extensive findings and
conclusions of law based on Mr. Botbyl’s testimony, as well as filed pleadings and exhibits
produced in those pleadings and at the September 25 hearing. The Court comprehensively
reviewed the factors required for a preliminary injunction and entered an order for preliminary
injunction against the City. Watching the Court’s decision on Zoom were, at least, the lawyers for
Higher Love and Lume, Ms. Joslin Monahan and Mr. Kevin Blair, respectively.
On September 27, 2023, Plaintiffs and City wrote the Court a joint email requesting
clarification regarding the order for status quo: more precisely, the parties asked whether any
marijuana retailer that was not open at the time (1 pm CST, September 26, 2023) of the Court’s
preliminary injunction ruling can now be open? 1 This question arose because after the Court’s
ruling at 1pm CST on September 26, City Manager Botbyl “had the Menominee City Building
inspector go to locations of the O.I. Holdings/Higher Love, Attitude Wellness/Lume, and Nu
Group/Nirvana potential stores to establish if any of those retail stores were actually open and
selling to customers. The City Building Inspector found that none of those 3 locations were open
and selling to the public yesterday.” 2
On October 17, 2023, this Court entered its “Supplemental Order Granting Preliminary
Injunction” (“Supplemental Order”) responding to the parties’ request for clarification. The Court
1
See the 09/29/2023 Email by the Parties attached to this Court’s 10/17/2023 “Supplemental
Order Granting Preliminary Injunction”.
2
Id. (Emphasis in original).
4
commanded the parties that “IT IS FURTHER ORDERED AND ADJUDGED, AS FOLLOWS”
and mandated in Section 3b that:
… Any license or licenses issued to entities that were not open and operating on
September 26, 2023 at 1:00 may not open to the public to sell marijuana.3
The Supplemental Order was published to the Plaintiffs, City, and by extension, Higher Love,
Lume and Nu Group/Nirvana because as the Court is aware Higher Love, Lume and Nu
Group/Nirvana are paying for Mr. Cross to represent the City.
B. City’s Own Findings as to Whom Was Open at 1pm CST on Tuesday,

September 26, 2023
Importantly, soon after the Court announced its opinion between 1pm and 2pm CST on
September 26, 2023, City Manager Brett Botbyl, who has the responsibility of enforcing any
obligations of the Court’s order on the City 4, ordered City Building Inspector Derrick Schultz to
inspect the Lume location at 2812 10th Street, the Higher Love location at 1400 8th Avenue, and
3
Id. (Emphasis added).
4 Section 3.04 of the Menominee Charter mandates:
The city manager shall be the chief administrative officer of the city responsible to the
Council for the administration of all city affairs placed in the manager's charge by or
under this charter.
And in Section 3.04(4) provides the City Manager shall:
See that all laws, provisions of this charter and acts of the city council, subject to
enforcement by the city manager or by officers subject to the manager's direction and
supervision, are faithfully executed;
Further, Section XX.03” REQUIREMENTS AND PROCEDURE FOR ISSUING MUNICIPAL

LICENSE” of the City’s Marihuana Establishments Ordinance provides in subsection A that
No person shall operate a marihuana establishment in the City without a valid municipal
license issued by the City pursuant to the provisions of this ordinance. (Emphasis added)
Accordingly, the City Manager is required to enforce “all laws” including circuit court orders
and the Marihuana Establishments Ordinance.
5
the Nirvana (Nu Group) location at 1231 9th Avenue to specifically check if any of those three
locations were open to the public for retail sales that afternoon. Mr. Schultz, who is an
experienced building inspector on whom the City ordinarily relies, confirmed to Mr. Botbyl that
none of the retail stores were open or selling to the public in the initial hours after Judge Barglind’s
ruling. Thus, the City’s own staff found that neither Lume, Higher Love, nor Nirvana were open
after Judge Barglind’s 1pm September 26, 2023 ruling.
C. Other Competent Evidence Supports the Finding of the City’s Building

Inspector that Lume, Higher Love, and Nu Group/Nirvana Were Not
Open at 1pm CST September 26, 2023
1. Evidentiary observations before the

Tuesday, September 26, 2023 hearing at
1pm CST.
Tara Povich is an employee of RIZE and an executive assistant to Jon Davis, RIZE’s CEO
and President. As she notes in her affidavit, in that role she is a jack-of-all trades and must be
familiar with the retail operations of RIZE and common practices of others in the retail cannabis
industry. 5 Before she assisted in opening and managing RIZE’s location in Menominee on August
3, 2023, she had assisted in the operations of RIZE’s stores in Ironwood and Iron Mountain and
interacted with RIZE’s competitors in those markets. 6
After RIZE opened on August 3, 2023, she and other staff members at RIZE in Menominee
began monitoring RIZE’s competition, The Fire Station, and its potential competitors, Lume,
Higher Love, and Nirvana. 7 Daily, she and other RIZE staff monitor TFS on social media, check
out TFS’ pricing online, and can visually observe foot and car traffic at TFS daily because it is just
one block away from RIZE’s location at 3213 10 Street. Ms. Povich and RIZE staff also shop at
5
(Exhibit 1: Sworn Affidavit of Tara Povich at ¶ 2).
6
7
6
TFS to check out the quality of TFS’ customer service and compare it with RIZE’s customer
experience. It is an intrinsic part of Ms. Povich’s job, as well as the job of other staff members,
to pay daily attention to what the competition is doing. 8
In the same manner, Ms. Povich and other staff members paid daily attention to the future
Lume, Higher Love, and Nirvana locations during August and September of this year. They did
so to anticipate when (subject to legal proceedings) those three stores might open in Menominee.
As a result, Ms. Povich and other members at RIZE daily drove by the Lume location, which is
just ¼ mile down 10th Street from RIZE’s store and on the way “downtown” to US Highway 41
strip where many Menominee shops and restaurants are located. In the same way, Ms. Povich and
other RIZE staff daily drive by both the Higher Love property on 8th Avenue and the Nirvana
property on 9th Avenue, which are both only 1 and ¼ miles away and are both located near Jack’s
Fresh Market, the largest and best grocery in town - - and which is also just ¼ mile from the
Menominee County Courthouse. 9
From her daily automobile trips by the Lume, Higher Love, and Nirvana properties, Ms.
Povich never saw any of those stores open to the public before this Court’s ruling at 1pm CSTon
Tuesday, September 26, 2023. Nor did any of her co-workers. In the same way, neither Ms. Povich
nor any of her co-workers saw any news on social media, or monitoring the online websites of
Lume, Higher Love, or Nirvana that any of them were open in Menominee before Wednesday,
September 27, 2023. 10
8
(Exhibit 1: Sworn Affidavit of Tara Povich at ¶¶ 6, 7).
9
10
(Exhibit 1: Sworn Affidavit of Tara Povich at ¶¶ 9, 11).
7
Indeed, as was her habit, Ms. Povich had driven by all three locations – the properties of
Lume, Higher Love, and Nirvana – the late morning of Tuesday, September 26, 2023 and none
were open. 11
Just prior to the Court’s ruling at 1pm CST on September 26, 2023 – at approximately
12:30 pm CST - Mikhael Parrson, the General Manager for TFS’s Menominee store, visited the
Higher Love location at 1400 8th Avenue because TFS’s counsel, Mr. Martone, had received
Higher Love’s motion to intervene, 12 which claimed Higher Love was open and operating, so
Martone sent Parrson to see if that was the case. While Parrson was out inspecting the Higher
Love store, he decided to also check the nearby Nirvana location at 1231 9th Avenue. He observed
that neither of the stores had any automobile or foot traffic that retail cannabis stores ordinarily
have in the middle of the day, nor did he see any other visible signs of either being open to the
public. 13
Specifically, at Higher Love, Mr. Parrson saw the parking lot was nearly empty and there
were no customers in or around the store. Mr. Parrson attempted to enter the store, but the doors
were locked. There were no customers in the store, nor were there any employees that he could
see on the premises.
Mr. Parrson then attempted to purchase products online. Mr. Parrson used Higher Love’s
QR code posted at the property as well as Higher Love’s online menu to place an online order, but
he could not order online products from the Menominee location; instead, her received messages
from Higher Love that the store was closed.
11
12
Higher Love served its motion to intervene and supporting affidavits at 11:28 am EST (10:28
am), September 26, 2027.
13
(Exhibit 8: Sworn Affidavit of Mikhael Parrson).
8
Mr. Parrson then called the store’s posted telephone number, but no one answered. This
was consistent with Mr. Parrson’s visual observations that the store was closed.
Mr. Parrson next visited Nu Group/Nirvana’s store location. Like his experience at Higher
Love, Mr. Parrson observed that the store was not open to the public and there were no customers
in or around the store or its parking lot. Mr. Parrson then tried to purchase cannabis products
online from Nirvana’s Menominee store, but could not. Parrson then tried to call the store’s
telephone number, but no one answered. From his observations, Parrson determined that the
Nirvana store was not open and operating to the public at approximately 12:45 p.m. CST on
September 26, 2023.
2. Evidentiary Observations During and

After the Court’s Hearing at 1pm CST on
Tuesday, September 26, 2026.
Similar to Mr. Schultz, the City’s Building Inspector, after this Court’s ruling on September
26, 2023, Ms. Povich, the RIZE employee, went by the Lume location at 2812 10th Street, the
Higher Love location at 1400 8th Avenue, and the Nirvana location at 1231 9th Avenue, close to
2:30 pm CST and none were open. 14 She called Mr. Cox, counsel for RIZE, about her findings
and also mentioned seeing a city employee (presumably Mr. Schultz) at Higher Love confirming
that it was not open and operating.
She had already left Menominee to go to RIZE’s store in Iron Mountain, but at Mr. Cox’s
request, Ms. Povich returned to Menominee to obtain videos of the closed stores on her iPhone.
Here is what she found and is noted in her attached affidavit 15:
14
15
(Exhibit 1: Sworn Affidavit of Tara Povich at ¶¶ 14-34).
9
LUME: At approximately 4:23 pm CST on September 26, 2023, Ms. Povich arrived back
at the Lume store location and found it still was not open to the public. Ms. Povich filmed her stop
at the Lume store and verified the time of her stop with the satellite GPS date/time function on her
Apple Watch which is shown in Exhibit 2, the attached video exhibit. 16 At the Lume store (and
as shown in Exhibit 2) Ms. Povich saw an employee of Gardner Up North Amusements, a
Wisconsin company that installs and maintains vending and dispensing machines, including ATM
machines, installing an ATM machine on the exterior wall of Lume’s store. Ms. Povich recognized
the Gardner employee because he also services ATM machines at RIZE store locations.
It was clear to Ms. Povich that the ATM machine was being installed before opening the
Lume store because routinely marihuana retailers install ATM machines for their customers’
convenience before opening because federal law does not allow those customers to use credit or
debit cards to pay for marihuana or marihuana products inside the stores. 17 As a result, consumers
use their credit or debit cards at the ATM to first get cash and then use that cash to purchase
products in the store.
Further, and more importantly, the Gardner employee had propped open one of Lume’s
outer doors with a 50-pound bag of salt to keep the door from closing as he was installing the ATM
machine. Because Section XX.04 of the Menominee Marihuana Establishments Ordinance
provides: “The marihuana establishment shall secure every entrance to the establishment and only
permit those individuals described in this chapter or the Act access to the premises” 18 and because
cannabis retailers everywhere routinely train staff to keep exterior doors closed to avoid problems
16
(Exhibit 2: Lume Menominee 423 pm 9.26.03 NOT OPEN.mp4)
17
18
(Exhibit 15: Marihuana Establishments Ordinance).
10
with neighbors and regulators, Ms. Povich knew the propped open door meant the Lume store was
closed.
Povich asked the Gardner employee if he knew when Lume was opening and he stated he
did not know, but “rumor has it, tomorrow”. 19 This is captured on the video exhibit.
As shown in Exhibit 2, Ms. Povich went around to the other front exterior door of Lume
and found that door to be locked. As the video also shows, Ms. Povich did not see any customers
or foot or automobile traffic at the store, nor did she encounter any employees onsite – 3 plus hours
after Judge Barglind had already ruled. 20
Later that day, Ms. Povich went online to Lume’s Facebook page and saw this post by
Lume declaring, “We’re excited to announce we’ll be open Wednesday 9/27 at 9am! We’ll see
you soon”. 21
19
20
21
(Exhibit 1: Sworn Affidavit of Tara Povich at ¶ 24). See also Exhibit 3: 09/26/2023 Lume
Facebook Post re Opening on 9/27).
11
NIRVANA: Ms. Povich went to the Nirvana (Nu Group) store at 4:43 pm CST on
September 26, 2023 and verified her arrival on the GPS date/time function of her Apple Watch,
which is shown in video of her visit to Nirvana. 22 After observing that it was still not open to the
public and that there were no customers going in or out of Nirvana 23, Ms. Povich encountered two
unknown employees of Nirvana in the store parking lot. She asked the two Nirvana employees “if
Nirvana was open yet?” and one employee replied, “maybe tomorrow, definitely by Thursday
[September 28, 2023]”, and the second employee commented “Thursday to be safe”. 24 This is
on the video exhibit.
HIGHER LOVE: Ms. Povich went by the Higher Love store at 4:23 CST on September
26, 2023, as verified by her Apple Watch and depicted in Exhibit 4. An employee told her that
they were “not open, open” but said he would sell to her. That employee further told Ms. Povich
that Higher Love would have a “soft opening” on the 2nd of October. 25 Joe Jones, co-counsel to
Ms. Monahan, was at the store location at this time 26 and it was clear that Higher Love had tried
to hurriedly open in reaction to Judge Barglind’s ruling three hours earlier.
This is also borne out by Higher Love’s Facebook post the following morning, at 10:14 am
on September 27, 2023, where Higher Love states: “We’ll see you soon Menominee and we
CAN’T WAIT…” 27 This Facebook post – the day after the Court’s ruling – is supported by this
post on Higher Love’s website at 2pm Eastern on September 26, 2023 – during the Zoom where
the Court gave her ruling – where Higher Love’s website states Higher Love is “coming soon”
22
(Exhibit 4: Nirvana Menominee 443 pm 9.26.23 NOT OPEN.mp4).
23
24
Exhibit 1: Sworn Affidavit of Tara Povich at ¶ 27).
25
(Exhibit 1: Sworn Affidavit of Tara Povich at ¶ 33). See also (Exhibit 5: Higher Love
Menominee 423 pm Not Open, Open 09.26.23.mp4)
26
27
(Exhibit 6: Higher Love Facebook Post at 10:14 am, September 27, 2023) (emphasis added).
12
to Menominee. The time of the below screenshot is at the bottom right-hand corner and states
“2pm, 9/26/2023”. The notation of “Coming Soon!” to Menominee directly contrasts with Higher
Love’s stores in Houghton, Ironwood, and Norway which were already open at 2pm Eastern on
September 26, 2023. 28
D. The City’s Refusal to Follow this Court’s October 17th Supplemental

Order
Because City is the only party here with the authority to exercise its police power and is
considered a primary regulator under Section 6 of the Michigan Regulation And Taxation Of
Marihuana Act (“MRTMA”) 29, and the City’s own Marihuana Establishments Ordinance, 30 and
to avoid filing this motion, the Plaintiffs on October 18, 2023 asked the City shut down Lume,
Higher Love, and Nirvana for defying the Court’s Supplemental Order because none were “open
31
to the public to sell marijuana” at 1 pm CST on September 26, 2023. In that four-page
communication (Exhibit 9) the Plaintiffs cited City’s authority and responsibility to close the
offending stores, relying on, among other things, Michigan appellate case law, Section 3.04 of the
City’s Charter, the City’s Marihuana Establishments Ordinance, and the City’s explicit police
power granted by both the Michigan Constitution and statutory provisions.
Even though the City’s own Building Inspector had already found Lume, Higher Love, or
Nirvana were not open to the public, the City asked for even more evidence from the Plaintiffs on
Friday, October 20, 2023. This request acknowledged the City’s power to close the offending
retailers. Exhibit 10 is the email response that the Plaintiffs sent to the City’s attorneys later on
28
See (Exhibit 7: Higher Love Website Post “Coming Soon” at 2pm Eastern/1 pm CST,
9/26/2023) for a full-size page depiction.
29
Initiated Law 1 of 2018, MCL 333.27954 et seq.
30
MCL 333.27956
31
(Exhibit 9: 10/18/2023 Plaintiffs’ Request to City’s Attorneys To Close Operations In
Violation of the Court’s Supplemental Order).
13
October 20. 32 Exhibit 10 provided City with many of the above exhibits, including screenshots,
videos, and eyewitness accounts, as well as articles in the Menominee-Marinette Eagle Herald and
Escanaba Daily Press newspapers/websites where Higher Love stated on September 22, 2023 that
it was not opening until October 2, 2023. 33
On Monday, October 23, 2023, Michael Cox emailed Mr. Cross and asked, “Is the City
inclined to close the three shops? Or should the Committee, TFS and RIZE proceed separately?”. 34
Mr. Cross emailed back the same day and stated the City had asked for evidence from Higher
Love, Lume, and Nirvana to prove they were open to the public by “9/26/23 at 1:00 PM CST”.
Mr. Cross stated further the City would decide whether or not it would take action to close the
shops by Friday, October 27, 2023. Accordingly, Plaintiffs deferred seeking any assistance from
this Court last week to see if the City would “take action”, i.e, exercise its police power and
authority under MRTMA, its Charter, and its Marihuana Establishments Ordinance, to close the
three shops.
Late on Friday, October 27, 2023, Mr. Cross informed James Martone, counsel for TFS,
by text that “City is going to take action on Monday, I believe.”
However, over the weekend, City somehow lost its will to close down the shops. Instead,
Mr. Cross emailed on Monday, October 30, 2023 that “(o)ut of an abundance of caution the City
32
(Exhibit 10: 10/20/2023 Email entitled “Supporting evidence that 3 stores were not open by
9/26/2023).
33
See, (Exhibit 10: 10/20/2023 Email entitled “Supporting evidence that 3 stores were not open
by 9/26/2023) or the articles online at https://www.dailypress.net/news/business-
news/2023/10/higher-love-opens-menominee-drive-thru/; or
https://www.ehextra.com/news/higher-love-drive-thru-open-in-menominee/article_10d76726-
66f2-11ee-afac-77677ea79fc5.html .
34
(Exhibit 11: 10/23/2023 Email by Plaintiffs to City entitled “Follow up on videos and our
letter”).
14
does not want to take any action without guidance from the Court as to what constitutes ‘open and
operating’”. On October 31st, the Plaintiffs discussed Mr. Cross’ email with Mr. Cross and
requested access to speak with Mr. Botbyl and Mr. Schultz. That request has not been answered.
So Plaintiffs now are forced to seek relief from this Court.
E. Higher Love’s Affidavits in Support of its Motion to Intervene and its

Pre-public Training Sales
Alone among the three retailers violating this Court’s Supplemental Order, Higher Love
has claimed it was “open and operating” between September 15, 2023 and September 27, 2023, in
the form of an affidavit from its Director of Retail Operations Lindsay Martwick to support Higher
Love’s September 26th motion to intervene. Ms. Martwick stated in her affidavit – filed on
September 27th, one day after the Court’s ruling – that “Higher Love had its ‘soft opening’ on or
about September 16…” 35 and “has completed 77 individual sales transaction since September
16,2023” 36 Thus, according to Ms. Hartwick, Higher Love had “77 individual sales transactions”
over a period of 11 days (or put differently 7 sales per day, including September 26).
These claims do not show a store that is open and operating to the public – that is even if
one disregards the (1) observations of Mr. Schultz of Menominee, (2) Ms. Povich of RIZE, (3) Mr.
Parrson of TFS, (4) Higher Love’s own website that reported at 1pm CST on September 26, 2023
that its Menominee store was ‘opening soon’, (5) the video/audio tape of Higher Love’s employees
that they were “not open, open”, and (6) Higher Love’s Facebook post on September 27, 2023 at
10:14 am – 22 hours after this Court issued its September 26 ruling – where Higher Love posted
“We’ll see you soon Menominee and we CAN’T WAIT”. 37 Rather those claims of 77 sales –
35
(Exhibit 12: 09/27/2023 Affidavit of Lindsay Martwick at ¶ 3).
36
(Exhibit 12: 09/27/2023 Affidavit of Lindsay Martwick at ¶ 4).)
37
(Exhibit 6: Higher Love Facebook Post at 10:14 am, September 27, 2023) (emphasis added).
15
merely 7 sales per day – are clearly training sales which every retailer does before opening to the
public. In the retailer world, “soft openings” are non-public events where business owners invite
friends or family to sample the wares (food or products) to see how the staff serves customers and
to test the quality of the kitchen/food (or product) before the store is opened to the general public.38
Further, contrary to Higher Love’s affidavits, the Menominee store could not have
conducted its “soft opening” in September, because the company repeatedly advertised with the
local news agencies (as well as on their on social media) that the store would have its soft opening
on October 2, 2023 and the Grand Opening on October 9, 2023. 39
It is unclear from Ms. Martwick’s affidavit whether she means sales to 77 different
customers or the sale of 77 products over 11 days. For comparison, on RIZE’s first day open to
the public on August 3rd of this year it sold approximately 671 total adult cannabis products to
approximately 153 different customers. 40 Over the course of its first week selling to the public,
RIZE sold to over 1,250 different customers and those customers bought over 5,900 different
cannabis products at the Menominee store. And during TFS’s first week in business it sold to an
average of 132 individual customers per day and those customers bought more than 13,000
individual cannabis products during TFS’ first two weeks in operation. 41 Indeed, on September
26, 2023, the RIZE store in Menominee sold to approximately 347 different customers, who
38
See, for example, https://pos.toasttab.com/blog/on-the-line/restaurant-soft-opening (“A
limited, invite-only unveiling of your restaurant for friends, family, colleagues, and other close
acquaintances.”) or https://taluspay.com/blog/how-to-plan-a-soft-opening-for-your-restaurant-or-
store/ (“Soft opening events are typically invitation-only so you can decide who gets to test out
your dining or retail concept before the rest of the world.”).
39
(Exhibit 16: Higher Love Facebook Advertisements).
40
(Exhibit 13: Sworn Affidavit of Jon Davis, CEO and President of RIZE at ¶ 14).
41
(Exhibit 14: Sworn Affidavit of Stosh Wasik, Co-CEO of TFS at ¶¶ 5, 6).
16
bought approximately 1400 different cannabis products, and sold to almost 130 different customers
before the 1pm CST ruling of Judge Barglind. 42
Stated differently, these “77 individual sales transactions” over 11 days can only involve
non-public training sales to staff and staff families and friends – the same training sales that RIZE
and TFS and every marihuana retailer does before opening to the public 43 - because even a few
hours of being open in Menominee would have garnered much greater sales than the sales Higher
Love claims over 11 days of sales “open to the public to sell marijuana”. 44
III. STANDARD OF REVIEW
When considering injunctive relief, courts must consider whether: (a) the movant’s claim
is likely to succeed on the merits; (b) the movant will suffer irreparable injury if a preliminary
injunction is not granted; (c) harm to the movant in the absence of an injunction outweighs harm
to the opposing party if an injunction is granted; and (d) an injunction is in the public interest.45
These factors must be weighed in light of the primary objective of injunctive relief “is to maintain
the status quo pending a final hearing regarding the parties’ rights.” 46
42
(Exhibit 13: Sworn Affidavit of Jon Davis, CEO and President of RIZE at ¶ 15).
43
(See, e.g., Exhibit 13: Sworn Affidavit of Jon Davis, CEO and President of RIZE at ¶ 17 and
Exhibit 14: Sworn Affidavit of Stosh Waski, Co-CEO of TFS at ¶ 9).
44
Section 3b of 10/17/2023 “Supplemental Order Granting Preliminary Injunction”
45
Michigan Coalition of State Employee Unions v Michigan Civil Service Comm’n, 465 Mich
212, 225 n11 (2001).
46
Michigan AFSCME Council 25 v Woodhaven-Brownstown Sch Dist, 293 Mich App 143, 146
(2011).
17
IV. LEGAL ARGUMENT
A. The Court Has Already Found That Plaintiffs’ Claims Are Likely To Succeed On The
Merits, That There Is A Danger Of Irreparable Harm, That An Injunction Poses No
Threat To The City, And That The Public Interest Weigh In Favor Of An Injunction.
This Court already found that Plaintiffs have satisfied all four factors favoring preliminary
injunctive relief, and it therefore issued a preliminary injunction in its ruling on September 26,
2023 at 1 pm CST, and supplemented that preliminary injunction order in its 10/17/2023
Supplemental Order. Notwithstanding its orders, City and the three stores have openly violated
this Court’s proscriptions against disturbing the status quo. This Court has the authority to enforce
its orders and prevent further violations and non-compliance.
Over 50 years ago, the Michigan Supreme Court in Cross Co v United Auto, Aircraft and
Agr Implement Workers of Am, Local 155 stated the simple proposition that courts have wide
latitude and great authority to enforce injunctive orders that they have previously issued:
[T]he initial decision of a court to exercise its injunctive powers is one which ought to be
exercised with utmost discretion and reserve. Once that authority has been asserted,
however, there is much to be said for the preservation by the court of its power to enforce
orders issued with speed and dispatch, even summarily.” 47
In Cross Co the Supreme Court approved the use of a court’s contempt powers to cure a
party’s failure to comply with a properly issued injunctive order. Given that broad grant of
authority inherent, it is properly within this Court’s authority to direct City to exercise its general
police powers 48, in addition to its discrete powers regarding the licensing of adult-use retailers in
47
Cross Co v United Auto, Aircraft and Agr Implement Workers of Am, Local 155, 377 Mich
202, 211 (1966).
48
See, e.g., the broad grant of authority given to cities in Mich. Const. art 7, § 22 or the
deference given municipal police power in cases such as People v Sell, 310 Mich 305, 316-317
(1945).
18
Section 6 of MRTMA, and the City’s (and its City Manager) power under Section 3.04 of its
Charter and Section XX.03 of City’s Marihuana Establishments Ordinance to close the retail
operations of Lume, Higher Love, and Nirvana where those stores “were not open and operating
on September 26, 2023 at 1:00 pm” and so they “may not open to the public to sell marijuana”
now. 49
Here the Court heard extensive testimony from Mr. Botbyl regarding a controlling faction
of the City Council that repeatedly sought to avoid the requirements of the Open Meetings Act,
thwart the Article IX referendum rights granted the City’s Charter to plaintiffs Adam Michaud and
the Committee To Stop Unlimited Marijuana Shops, and put its thumb heavily on the scale of City
government to improperly benefit Lume, Higher Love, and Nirvana to the detriment of RIZE and
TFS. Indeed, this Court already found this controlling faction’s acts have damaged all the
Plaintiffs. To prevent further irreparable harm from occurring, this Court ordered that the City may
not permit, and no licensee shall be allowed, to open to the public to sell marijuana if it had not
already been open and selling to the public as of September 26, 2023 at 1:00 p.m. CST.
The uncontroverted evidence demonstrates that none of these stores were open and selling
marijuana to the public as of September 26, 2023. Despite being presented with the evidence and
having its own representative independently confirm the same, the City refuses to act out of an
improper concern for disrupting the financial interest of the entities that are paying its legal fees.
Consequently, Plaintiffs must turn to this Court to seek relief from the breach of the status quo and
request immediate enforcement of the Court’s prior orders to prevent further irreparable harm from
occurring.
49
Section 3b of 10/17/2023 “Supplemental Order Granting Preliminary Injunction”
19
V. CONCLUSION
Whether styled as a temporary restraining order based on this Court’s prior preliminary
order of September 26, 2023, as amended and supplemented by the Court’s 10/17/2023
Supplemental Order, or simply as an order to enforce this Court’s prior orders, Plaintiffs seek an
order that preserves the status quo in effect at 1pm CST on September 26, 2023 when neither Lume
nor Higher Love or Nirvana were “open to the public to sell marijuana” by directing the City and
its officials to close Lume, Higher Love, and Nirvana pursuant to this Courts 10/17/2023
Supplemental Order until this matter is closed and a final order closing the case is issued.
Respectfully Submitted,
THE MIKE COX LAW FIRM, PLLC DOSTER LAW OFFICES, PLLC
By: /s/ Jason M. Schneider By: /s/ Eric E. Doster

Jason M. Schneider (P79296) Eric E. Doster (P41782)
DICKINSON WRIGHT PLLC
JOHN R. TURNER PLC
By: /s/ James A. Martone
By: /s/ John R. Turner James A. Martone (P77601)
John R. Turner (P38563)
Date: November 2, 2023
20
STATE OF MICHIGAN
IN THE 41st CIRCUIT COURT FOR THE COUNTY OF MENOMINEE
ADAM MICHAUD, et al.,
Plaintiffs,
Case No. 23-17544-CZ
vs.
Hon. Mary B. Barglind
CITY OF MENOMINEE, a Michigan
municipal corporation,
Defendants.
Eric E. Doster (P41782) Matthew W. Cross (P77526)

Doster Law Offices, PLLC Cummings, McClorey, Davis & Acho, PLC
Attorney for Adam Michaud and Committee 310 W. Front Street, Suite 221
2145 Commons Parkway Traverse City, MI 49684
Okemos, Michigan 48863 734-437-9392

Jason M. Schneider (P79296) James A. Martone (P77601)
The Mike Cox Law Firm, PLLC Dickinson Wright PLLC
Attorney for RIZE Attorneys for Plaintiff The Fire Station
17430 Laurel Park Drive North, Suite 120E 2600 W. Big Beaver Rd., Ste. 300
Livonia, Michigan 48152 Troy, Michigan 48084
734-591-4002 (248) 433-7200
[email protected]
John R. Turner (P38563)

John R. Turner PLC
Attorney for RIZE
321 E. Lake St., PO Box 2396
Petoskey, Michigan 49770
(231) 348-4500
[email protected]
EXHIBIT LIST TO 11/02/2023 MOTION FOR TRO
Exhibit 1: Sworn Affidavit of Tara Povich
Exhibit 2: Lume Menominee video at 423 pm 9.26.03 NOT OPEN.mp4
Exhibit 3: 09/26/2023 Lume Facebook Post re Opening on 9/27

Exhibit 4: Nirvana Menominee video at 443 pm 9.26.23 NOT OPEN.mp4
Exhibit 5: Higher Love Menominee 423 pm Not Open, Open 09.26.23.mp4
Exhibit 6: Higher Love Facebook Post at 10:14 am, September 27, 2023
Exhibit 7: Higher Love Website Post “Coming Soon” at 2pm Eastern/1 pm CST, 9/26/2023
Exhibit 8: Sworn Affidavit of Mikhael Parrson
Exhibit 9: 10/18/2023 Plaintiffs’ Request to City’s Attorneys To Close Operations In Violation
of the Court’s Supplemental Order
Exhibit 10: 10/20/2023 Email entitled “Supporting evidence that 3 stores were not open by
9/26/2023
Exhibit 11: 10/23/2023 Email by Plaintiffs to City entitled “Follow up on videos and our letter”
Exhibit 12: 09/27/2023 Affidavit of Lindsay Martwick
Exhibit 13: Sworn Affidavit of Jon Davis, CEO and President of RIZE
Exhibit 14: Sworn Affidavit of Stosh Wasik, Co-CEO of TFS
Exhibit 15: Marihuana Establishments Ordinance
Exhibit 16: Higher Love Facebook Advertisements

EXHIBIT 1
EXHIBIT 2
VIDEO EXHIBIT
Lume Menominee 423 pm 9.26.03 NOT OPEN
Link to Video: Lume Menominee 423 pm 9.26.03 NOT OPEN.mp4
(also on flash drive provided to Court)

EXHIBIT 3
EXHIBIT 4
VIDEO EXHIBIT
Nirvana Menominee 443 pm 9.26.23 NOT OPEN
Link to Video: Nirvana Menominee 443 pm 9.26.23 NOT OPEN.mp4

EXHIBIT 5
VIDEO EXHIBIT
Higher Love Menominee 423 pm Not Open, Open 09.26.23
Link to Video: Higher Love Menominee 423 pm Not Open, Open 09.26.23.mp4

EXHIBIT 6
EXHIBIT 7
EXHIBIT 8
EXHIBIT 9
October 18, 2023
Delivered by electronic mail on October 18, 2023
Matthew W. Cross
Cummings, McClorey, Davis & Acho, PLC
310 W. Front Street, Suite 221
Traverse City, Michigan 49684
[email protected]
Michael P. Celello
City Attorney
City of Menominee
PO Box 747
Iron Mountain, MI 49801
[email protected]
Re: October 17, 2023 Supplemental Order Granting Preliminary Injunction

Michaud, et al v. City of Menominee, Case No. 23-17544-CZ
Dear Messrs. Cross and Celello:
We write to respectfully request the City of Menominee through its City Manager
immediately close the operations of (1) Higher Love Cannabis Dispensary Menominee at 400 8th
Ave, Menominee, MI 49858 (“Higher Love”); (2) Lume Cannabis Co. Menominee, MI at 2812
10th St, Menominee, MI 49858 (“Lume”); and (3) Nirvana Center - Menominee at 1231 9th Ave,
Menominee, MI 49858 (“Nu Group-Nirvana”).
This request is compelled by the order issued yesterday, October 17, 2023, entitled
“SUPPLEMENTAL ORDER GRANTING PRELIMINARY INJUNCTION” (“Supplemental PI
Order”) by the Honorable Mary B. Barglind in Menominee Circuit Court Case No. 23-17544-CZ.
In relevant part, that Supplemental PI Order mandates:
However, any entity that was already issued a license to be open to the public to
legally sell marijuana in the City of Menominee, and if said entity was actually
open and operating by September 26, 2023 at 1:00, they may continue to operate.
1
Any license or licenses issued to entities that were not open and operating on
September 26, 2023 at 1:00 may not open to the public to sell marijuana.
As Mr. Cross has acknowledged in writing and orally several times to ourselves,
Menominee Court Administrator Connie Chicha, and Judge Barglind, Menominee City Manager
Brett Botbyl instructed Menominee City Building Inspector Derrick Schultz to personally inspect
the Menominee locations of Higher Love, Lume and Nu Group-Nirvana after Judge Barglind
orally stated her preliminary injunction order on September 26, 2023 at 1pm, CST, and Mr. Schultz
confirmed none of those locations – not Higher Love nor Lume or Nu Group-Nirvana – were open
and operating that afternoon.
It is our understanding that after Judge Barglind orally stated her order (and after Mr.
Schultz inspected and confirmed none were open) each of Higher Love, Lume, and Nu Group-
Nirvana opened. These openings are in clear violation of the Supplemental PI Order. Accordingly,
we respectfully request that the City of Menominee, and more specifically its City Manager,
exercise its Police Power and direct its staff and Police Department to close the Higher Love,
Lume, and Nu Group-Nirvana locations in Menominee.
In Michigan, the municipal police power is a broad and elastic concept that varies as
necessary to meet changing social circumstances, demands, and conditions and is, thus, nearly
incapable of precise definition. But, in general, the police power allows a state or local government
to regulate private activities, including the use of private property, for the purpose of protecting
public health, safety, morals, and the general welfare. 1
1
See, e.g., Michigan Canners & Freezers Ass’n v Agricultural Mktg & Bargaining Bd, 397 Mich
337, 245 NW2d 1 (1976); People v Sell, 310 Mich 305, 315–316, 17 NW2d 193 (1945); Locke v
2
And so it is that the City of Menominee in Section 3.04 of its Charter mandates:
The city manager shall be the chief administrative officer of the city responsible
to the Council for the administration of all city affairs placed in the manager's
charge by or under this charter.
Further, the City Manager shall:
See that all laws, provisions of this charter and acts of the city council, subject to
enforcement by the city manager or by officers subject to the manager's direction
and supervision, are faithfully executed;
Clearly the enforcement of “all laws” must include all court orders from pertinent courts
of competent jurisdiction, such as the Supplemental PI Order issued by the 41st Circuit Court for
the County of Menominee. So it is that City Manager Botbyl must enforce the September 26th
Supplemental Order.
Further, under the original 2020 Marihuana Establishments Ordinance and all subsequent
putative ordinances, Section XX.03” REQUIREMENTS AND PROCEDURE FOR ISSUING
MUNICIPAL LICENSE” provides in subsection A that “No person shall operate a marihuana
establishment in the City without a valid municipal license issued by the City pursuant to the
provisions of this ordinance.” Clearly Judge Barglind’s Supplemental PI Order renders any
municipal license issued to Higher Love, Lume, and Nu Group-Nirvana invalid, or minimally,
stayed from exercising until further order. As such, their continued operation is a violation of the
Marihuana Establishments ordinance and as “nuisance per se” according to Section XX.11(B).
According to the Charter, this Ordinance is enforceable and administered by the City Clerk, any
City of Menominee Police Officer, or the City Manager.
Ionia Circuit Judge, 184 Mich 535, 539, 151 NW 623 (1915); Withey v Bloem, 163 Mich 419, 428,
128 NW 913 (1910); Butcher v Detroit, 131 Mich App 698, 703–704, 347 NW2d 702 (1984).
3
Accordingly, as the party to the Supplemental PI Order with the power over the exercise of
municipal licenses in Menominee, we respectfully request that you provide guidance to City
Manager Brett Botbyl regarding his responsibilities under the Supplemental PI Order and the
various provisions of the Menominee City Charter, and instruct him to take all appropriate
measures under Menominee’s general police powers to close Higher Love, Lume, and Nu Group-
Nirvana as operating in violation of the Supplemental PI Order as soon as possible.
Please confirm in writing that you will take steps to instruct Mr. Botbyl to act to close the
Higher Love, Lume, and Nu Group-Nirvana by COB Thursday, October 19, 2023. Thank you for
your attention to this matter.
Sincerely yours,
THE MIKE COX LAW FIRM, PLLC DOSTER LAW OFFICES, PLLC
By: /s/Michael A. Cox By: /s/ Eric E. Doster

Michael A. Cox Eric E. Doster
Attorney for RIZE Attorney for Adam Michaud and Committee
By: /s/ Jason M. Schneider

Jason M. Schneider DICKINSON WRIGHT PLLC
Attorney for RIZE
By: /s/ James A. Martone
JOHN R. TURNER PLC James A. Martone
Attorneys for The Fire Station
By: /s/ John R. Turner
John R. Turner
Attorney for RIZE
4
EXHIBIT 10
Michael Cox
From: James A. Martone <[email protected]>

Sent: Friday, October 20, 2023 4:26 PM
To: Matthew Cross; Mike Celello
Cc: Michael Cox; [email protected]; Maureen J. Moody; Jason Schneider; Eric Doster
Subject: Supporting evidence that 3 stores were not open by 9/26/2023
Attachments: Lume Facebook - opening Wed 9.27.JPG; Higher Love 9.26.23 1pm CST, 2pm EST - Higher Love
Website NOT OPEN.png; IMG_8970.MOV; IMG_8969.MOV
Good a ernoon Ma and Mike,
As a follow‐up to our October 18, 2020 correspondence, and per our conversa on with Ma
this morning, the following is suppor ng evidence that Higher Love, Lume, and Nu Group
d/b/a Nirvana were not open and opera ng at 1pm CST on September 26, 2023. Each loca on
opened their stores to the public a er the Court’s ruling, which violates the Court’s October
17, 2023 Supplemental Order Gran ng Preliminary Injunc on. Should you have any ques ons
regarding the following, please let us know. Also, given the pending li ga on and the
disclosure of employee names below, we would request that you do not disclose this email
and names to any third‐party.
As you will recall, Mr. Bre Botbyl requested that the Menominee City Building Inspector visit
the loca ons for Lume, Higher Love, and Nirvana on September 26, 2023 at approximately
2:30p CST to confirm whether the stores were open and opera ng. The City Building Inspector
found that none of those loca ons were open and selling to the public. Each loca on appeared
to be closed and there was no ac ve sales being completed.
Similarly, on September 26, 2023 A RIZE employee, Tara Povich, went by the three
Menominee stores (Lume, Higher Love, and Nirvana) and confirmed with s ll shots that they
were closed shortly at 2:30 pm CST on September 26, 2023. She called Mr. Cox to inform him
of this informa on and told him she had seen a city employee (presumably the Menominee
Building Inspector) at Higher Love confirming that the store was not open and opera ng.
She had le Menominee at that me and was going to Iron Mountain. Upon Mr. Cox’s request,
Ms. Povich returned to Menominee to obtain more photographs or videos. Here is what she
found upon her return to the stores’ loca ons.
LUME: The below link is a video where Lume was not open at 4:23 pm (CST) on September 26,
2023. It is verified by an Apple Watch outside the store (ie repor ng the satellite date and
me in Menominee). In the video there is a contractor installing an ATM outside the main
door. He has one exterior door propped open with a salt bag. The videographer (Ms. Povich)
1
tries the other door and it is locked. Per the ATM vendor, the understanding is that Lume will
open tomorrow (9/27), but he is not sure.
Lume Menominee 423 pm 9.26.03 NOT OPEN.mp4
Addi onally, a ached is a Facebook post by Lume from the same day (9/26) where Lume posts
it is opening on Wednesday, September 27th.
NIRVANA: The below link is video where Nirvana (Nu Group) is not open at 4:43 pm (CST) on
September 26, 2023. It is verified by an Apple Watch outside the store (ie repor ng the
satellite date and me in Menominee) The two employees report they are closed but may be
open tomorrow (Wednesday, September 27) but no later than “Thursday”.
Nirvana Menominee 443 pm 9.26.23 NOT OPEN.mp4
HIGHER LOVE: When Ms. Povich went by the Higher Love store an employee told her that
they were “not open, open” but commented that he could sell to her from a limited menu. It
was clear that Ms. Monahan had called by then (3 hours a er the hearing) and they were
“open”. As she le , Higher Love’s a orney, Joe Jones drove up. Mr. Cox can provide the video
if the City wants.
Similarly, an employee for The Fire Sta on, Mikhael Parsons, visited Higher Love’s loca on in
Menominee at approximately 12:30p on September 26, 2023. Upon arrival, Mr. Parsons tried
to open the doors to enter inside, but found the doors to be locked. Mr. Parsons then tried to
complete two separate drive‐through transac ons, but both of them could not be completed.
In fact, when Mr. Parsons a empted to place each order, he received a no ce that online
ordering is closed. Mr. Parsons also took the a ached videos that same day and me, which
demonstrates that the store is closed and the parking lot is bare.
Further, Higher Love’s own website on September 26, 2023 at 2:00p claimed that its
Menominee loca on was “Coming soon!” A ached is a screenshot of the website with the
date/ me in the lower right hand corner.
Lastly, in the a ached ar cles, Higher Love announced that it would open and begin opera ng
in October 2023. For example, on September 22, 2023, two news sources reported that Higher
Love will open to the public beginning October. This announcement was derived from Higher
Love’s own press release, and Higher Love reposted the ar cle on its Facebook and LinkedIn
pages on September 22, 2023 commen ng that they will be opening soon. Also, on its social
media pages, Higher Love announced that it would have a so opening on October 2 and then
a Grand Opening on October 9.
https://www.dailypress.net/news/business‐news/2023/10/higher‐love‐opens‐menominee‐drive‐thru/
2
https://www.ehextra.com/news/higher‐love‐drive‐thru‐open‐in‐menominee/article_10d76726‐66f2‐11ee‐afac‐
77677ea79fc5.html
https://www.ehextra.com/news/higher-love-will-open-next-month-in-menominee/article_ccff9c14-57f9-11ee-
987b-f31ddc46c213.html?utm_medium=social&utm_source=email&utm_campaign=user-share
James A. Martone Member
2600 W. Big Beaver Rd. Phone 248-433-7391

Suite 300
Troy MI 48084 Fax 844-670-6009
Email [email protected]
The information contained in this e-mail, including any attachments, is confidential, intended only for the named recipient(s), and may be legally privileged. If you
are not the intended recipient, please delete the e-mail and any attachments, destroy any printouts that you may have made and notify us immediately by return e-
mail.
Neither this transmission nor any attachment shall be deemed for any purpose to be a "signature" or "signed" under any electronic transmission acts, unless
otherwise specifically stated herein. Thank you.
3
EXHIBIT 11
Michael Cox
From: Michael Cox

Sent: Monday, October 23, 2023 12:05 PM
To: James A. Martone; Matthew Cross; Mike Celello
Cc: [email protected]; Maureen J. Moody; Jason Schneider; Eric Doster; Michael Cox
Subject: Follow up on videos and our letter
Mike and Matt:
Hope you had a good weekend.
Is the City inclined to close the three shops? Or should the Committee, TFS and RIZE proceed separately?
If you have any questions, let us know.
Thanks, Mike Cox
From: James A. Martone <JMartone@dickinson‐wright.com>

Sent: Friday, October 20, 2023 4:26 PM
To: Matthew Cross <mcross@cmda‐law.com>; Mike Celello <[email protected]>
Cc: Michael Cox <[email protected]>; [email protected]; Maureen J. Moody <MMoody@dickinson‐wright.com>;
Jason Schneider <[email protected]>; Eric Doster <[email protected]>
Subject: Supporting evidence that 3 stores were not open by 9/26/2023
Good a ernoon Ma and Mike,
As a follow‐up to our October 18, 2020 correspondence, and per our conversa on with Ma
this morning, the following is suppor ng evidence that Higher Love, Lume, and Nu Group
d/b/a Nirvana were not open and opera ng at 1pm CST on September 26, 2023. Each loca on
opened their stores to the public a er the Court’s ruling, which violates the Court’s October
17, 2023 Supplemental Order Gran ng Preliminary Injunc on. Should you have any ques ons
regarding the following, please let us know. Also, given the pending li ga on and the
disclosure of employee names below, we would request that you do not disclose this email
and names to any third‐party.
As you will recall, Mr. Bre Botbyl requested that the Menominee City Building Inspector visit
the loca ons for Lume, Higher Love, and Nirvana on September 26, 2023 at approximately
2:30p CST to confirm whether the stores were open and opera ng. The City Building Inspector
found that none of those loca ons were open and selling to the public. Each loca on appeared
to be closed and there was no ac ve sales being completed.
Similarly, on September 26, 2023 A RIZE employee, Tara Povich, went by the three
Menominee stores (Lume, Higher Love, and Nirvana) and confirmed with s ll shots that they
1
were closed shortly at 2:30 pm CST on September 26, 2023. She called Mr. Cox to inform him
of this informa on and told him she had seen a city employee (presumably the Menominee
Building Inspector) at Higher Love confirming that the store was not open and opera ng.
She had le Menominee at that me and was going to Iron Mountain. Upon Mr. Cox’s request,
Ms. Povich returned to Menominee to obtain more photographs or videos. Here is what she
found upon her return to the stores’ loca ons.
LUME: The below link is a video where Lume was not open at 4:23 pm (CST) on September 26,
2023. It is verified by an Apple Watch outside the store (ie repor ng the satellite date and
me in Menominee). In the video there is a contractor installing an ATM outside the main
door. He has one exterior door propped open with a salt bag. The videographer (Ms. Povich)
tries the other door and it is locked. Per the ATM vendor, the understanding is that Lume will
open tomorrow (9/27), but he is not sure.
Lume Menominee 423 pm 9.26.03 NOT OPEN.mp4
Addi onally, a ached is a Facebook post by Lume from the same day (9/26) where Lume posts
it is opening on Wednesday, September 27th.
NIRVANA: The below link is video where Nirvana (Nu Group) is not open at 4:43 pm (CST) on
September 26, 2023. It is verified by an Apple Watch outside the store (ie repor ng the
satellite date and me in Menominee) The two employees report they are closed but may be
open tomorrow (Wednesday, September 27) but no later than “Thursday”.
Nirvana Menominee 443 pm 9.26.23 NOT OPEN.mp4
HIGHER LOVE: When Ms. Povich went by the Higher Love store an employee told her that
they were “not open, open” but commented that he could sell to her from a limited menu. It
was clear that Ms. Monahan had called by then (3 hours a er the hearing) and they were
“open”. As she le , Higher Love’s a orney, Joe Jones drove up. Mr. Cox can provide the video
if the City wants.
Similarly, an employee for The Fire Sta on, Mikhael Parsons, visited Higher Love’s loca on in
Menominee at approximately 12:30p on September 26, 2023. Upon arrival, Mr. Parsons tried
to open the doors to enter inside, but found the doors to be locked. Mr. Parsons then tried to
complete two separate drive‐through transac ons, but both of them could not be completed.
In fact, when Mr. Parsons a empted to place each order, he received a no ce that online
ordering is closed. Mr. Parsons also took the a ached videos that same day and me, which
demonstrates that the store is closed and the parking lot is bare.
2
Further, Higher Love’s own website on September 26, 2023 at 2:00p claimed that its
Menominee loca on was “Coming soon!” A ached is a screenshot of the website with the
date/ me in the lower right hand corner.
Lastly, in the a ached ar cles, Higher Love announced that it would open and begin opera ng
in October 2023. For example, on September 22, 2023, two news sources reported that Higher
Love will open to the public beginning October. This announcement was derived from Higher
Love’s own press release, and Higher Love reposted the ar cle on its Facebook and LinkedIn
pages on September 22, 2023 commen ng that they will be opening soon. Also, on its social
media pages, Higher Love announced that it would have a so opening on October 2 and then
a Grand Opening on October 9.
https://www.dailypress.net/news/business‐news/2023/10/higher‐love‐opens‐menominee‐drive‐thru/
https://www.ehextra.com/news/higher‐love‐drive‐thru‐open‐in‐menominee/article_10d76726‐66f2‐11ee‐afac‐
77677ea79fc5.html
https://www.ehextra.com/news/higher‐love‐will‐open‐next‐month‐in‐menominee/article_ccff9c14‐57f9‐11ee‐987b‐
f31ddc46c213.html?utm_medium=social&utm_source=email&utm_campaign=user‐share
James A. Martone Member
2600 W. Big Beaver Rd. Phone 248-433-7391

Suite 300
Troy MI 48084 Fax 844-670-6009
Email [email protected]
The information contained in this e-mail, including any attachments, is confidential, intended only for the named recipient(s), and may be legally privileged. If you
are not the intended recipient, please delete the e-mail and any attachments, destroy any printouts that you may have made and notify us immediately by return e-
mail.
Neither this transmission nor any attachment shall be deemed for any purpose to be a "signature" or "signed" under any electronic transmission acts, unless
otherwise specifically stated herein. Thank you.
3
EXHIBIT 12
EXHIBIT 13
EXHIBIT 14
EXHIBIT 15
AS ADOPTED BY THE MENOMINEE CITY COUNCIL
ON OCTOBER 6, 2020
MARIHUANA ESTABLISHMENTS
XX.01 LEGISLATIVE INTENT AND DEFINITIONS
The city intends to issue permits for and regulate marijuana facilities and marijuana establishments to the
extent they are permitted under the Michigan Medical Marihuana Facilities Licensing Act and the Michigan
Regulation and Taxation of Marihuana Act. The city does not intend that permitting and regulation under this
chapter be construed as a finding that such facilities comply with any law. By requiring a permit and
compliance with the requirements of this chapter, the city intends to protect the public health, safety and
welfare.
Words and phrases contained in the Michigan Medical Marihuana Facilities Licensing Act, MCL 33327101 et
seq., the Medical Marihuana Act, MCL 333.26421 et seq., the Michigan Regulation and Taxation of
Marihuana Act, MCL 333.27951 et seq. (collectively hereafter, the “Act”), and the rules or emergency rules
promulgated pursuant to any of these acts, shall have the same meanings in this chapter.
For purposes of the requirements for obtaining a permit under this chapter, the terms "facility" and "marihuana
facility" are intended to include both a "marihuana facility" as defined in the MMFLA and a "marihuana
establishment" as defined in the MRTMA.
“City Council” shall mean the City of Menominee City Council.
“City Clerk” shall mean the City of Menominee Clerk.
“City Manager” shall mean the City Manager of the City of Menominee.
“Designated consumption establishment” means a commercial space licensed by the state to permit adults
21 years of age and older to consume marijuana products at the location indicated in the license.
“Facility” means a "marihuana facility" as defined in the MMFLA and a "marihuana establishment" as defined
in the MRTMA.
“Grower” means a person who cultivates and sells marijuana to other facilities, as permitted by the MMFLA
and the MRTMA, which includes all of the following:
Class A grower, which is a maximum of 500 plants under the MMFLA and 100 plants under the
MRTMA.
Class B grower, which is a maximum of 1,000 plants under the MMFLA and 500 plants under the
MRTMA.
Class C grower, which is a maximum of 1,500 plants under the MMFLA and 2,000 plants under the
MRTMA.
Drafted by: Michael P. Celello | City Attorney | City of Menominee

Page 1 of 13
ON OCTOBER 6, 2020
“LARA” shall mean the Michigan Department of Licensing and Regulatory Affairs.
“Marijuana means” marihuana as defined in the MMFLA and as defined in the MRTMA.
“Marijuana event organizer” means a person licensed to apply for a temporary marihuana event license under
these rules.
“Medical Marihuana Facilities Licensing Act or MMFLA” means the Michigan Medical Marihuana Facilities
Licensing Act, MCL 333.27101 et seq., and the rules or emergency rules promulgated pursuant to the
MMFLA.
“Michigan Medical Marihuana Act or MMMA” means the Michigan Medical Marihuana Act, MCL 333.26421
et seq., and the rules or emergency rules promulgated pursuant to the MMMA.
“Michigan Regulation and Taxation of Marihuana Act or MRTMA” means the Michigan Regulation and
Taxation of Marihuana Act, MCL 333.27951 et seq., and the rules or emergency rules promulgated pursuant
to the MRTMA.
“Marijuana microbusiness” means a business that cultivates not more than 150 plants; processes and
packages it; and sells it to individuals who are 21 years of age or older or to a safety compliance facility but
not to other businesses.
“Permittee” means a person holding a city permit under this chapter.
“Person” means the entities included in the definition of "person" in the MMFLA and the MRTMA.
“Processor” means a person who operates as a "processor" as defined in the MMFLA or a "marihuana
processor" as defined in the MRTMA or as both at the same location under common ownership.
“Provisioning center/retailer” means a person who operates as a "provisioning center" as defined in the
MMFLA or as a "marihuana retailer" as defined in the MRTMA or as both at the same location under common
ownership.
“Safety compliance facility” means a person who operates as a "safety compliance facility" as defined in the
MMFLA or a "marihuana safety compliance facility" as defined in the MRTMA or as both at the same location
under common ownership.
“Secure transporter” means a person who operates as a "secure transporter" as defined in the MMFLA or a
"marihuana secure transporter" as defined in the MRTMA or as both at the same location under common
ownership.

Page 2 of 13
ON OCTOBER 6, 2020
“Selection Committee” means the three-person committee comprised of administrative officers of the City of
Menominee assigned by the City Manager subject to approval of the City Council.
“State license” means a valid state operating license issued under the MMFLA or a valid state license issued
under the MRTMA or both.
“Temporary marijuana event” means a license held by a marijuana event organizer for an event where the
onsite sale or consumption of marihuana products, or both, are authorized at the location indicated on the
state license during the dates indicated on the state license.
“Zoning Ordinance” means the City of Menominee Zoning Ordinance.
XX.02. AUTHORIZATION OF MARIHUANA ESTABLISHMENTS AND FEE
A. The City hereby authorizes, subject to the issuance of a municipal license by the City Clerk, the
following marihuana establishments within the boundaries of the City, as are authorized pursuant to the
Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., and the rules or emergency
rules promulgated pursuant to the MMFLA, and the Michigan Regulation and Taxation of Marihuana Act, MCL
333.27951 et seq., and the rules or emergency rules promulgated pursuant to the MRTMA.
B. The marihuana establishments and the number authorized pursuant to this Ordinance are:
Grower permits
MMFLA 4
MRTMA 4
Processor permits
MMFLA 4
MRTMA 4
Secure transporter permits 2
Sales
Provisioning center 2
Retailer 2
Safety compliance facility permits 2
Marijuana microbusiness permits 0
Designated consumption establishment permits 0
Marijuana event organizer 0
C. A nonrefundable license application fee shall be paid by each marihuana establishment applying to
be licensed under this ordinance in the amount of $1,500.00 and the annual fee for each marihuana

Page 3 of 13
ON OCTOBER 6, 2020
establishment license shall be in the amount of $5,000.00. The application fee and marihuana establishment
license fee are in addition to any other fees required, including, but not limited to, zoning fees.
D. Should the City grant a marihuana establishment a municipal license, the marihuana establishment
license fee shall be considered as the fee imposed for the first year the license is granted. Prior to the
expiration of the first year of the license, and as provided in this Ordinance in Section XXX, the licensee may
apply for an extension/renewal of the municipal license for an additional one year period at a nonrefundable
application fee of $1,500.00 and should the City grant the extension/renewal of the municipal license, the
license shall become effective upon payment of the annual marihuana establishment fee of $5,000.00 which
shall be due within 5 days of the granting of the renewal/extension by the City. The City may adjust the
amount of the application and license fees by resolution of the City Council. The purpose of the marihuana
establishment license fee is to defray the administrative and enforcement costs of the City associated with
the operation of the licensed marihuana establishment.
XX.03 REQUIREMENTS AND PROCEDURE FOR ISSUING MUNICIPAL LICENSE
A. No person shall operate a marihuana establishment in the City without a valid municipal license
issued by the City pursuant to the provisions of this ordinance.
B. No person shall be issued a municipal license by the City without first having obtained from the City
of Menominee Planning Commission a Special Use Permit authorizing the operation of the establishment
pursuant to the City of Menominee Zoning Ordinance.
C. No person who is employed by the City, acts as a consultant for the City or acts as an advisor to the
City, and is involved in the implementation, administration or enforcement of this Ordinance, shall have an
interest, directly or indirectly, in a Marihuana Establishment.
D. Every applicant for a municipal license to operate a marihuana establishment shall file an application
in the City Clerk’s office upon a form provided by the City. The application shall include:
1. The appropriate nonrefundable municipal license application fee and initial year annual
Marihuana establishment fee in the amounts determined by the City;
2. If the applicant is an individual, the applicant’s name; date of birth; Social Security number;
physical address, including residential and any business address; copy of government-issued photo
identification; email address; one or more phone numbers, including emergency contact information;
3. If the applicant is not an individual, the names; dates of birth; physical addresses, including
residential and any business address; copy of government-issued photo identifications; email
address; and one or more phone numbers of each Stakeholder of the applicant, including designation
of the highest ranking representative as an emergency contact person; contact information for the
emergency contact person; articles of incorporation or organization; assumed name registration;
Internal Revenue Service EIN confirmation letter; copy of the operating agreement of the applicant,
if a limited liability company; copy of the partnership agreement, if a partnership; names and
addresses of the beneficiaries, if a trust, or a copy of the bylaws or shareholder agreement, if a
corporation;

Page 4 of 13
ON OCTOBER 6, 2020
4. The name and address of the proposed marihuana establishment;
5. A copy of the Special Use Permit issued by the City of Menominee Planning Commission;
6. A location area map of the marihuana establishment and surrounding area that identifies the
relative locations and the distances (closest property line to the subject marihuana establishment’s
building) to the closest real property comprising a public or private elementary, vocational or
secondary school;
7. A signed acknowledgment that the applicant is aware and understands that all matters
related to marihuana growing, cultivation, possession, testing, safety compliance and transporting,
are currently subject to state and federal laws, rules and regulations, and that the approval or granting
of a license hereunder does not exonerate or exculpate the applicant from abiding by the provisions
and requirements and penalties associated with those laws, rules, and regulations, or exposure to
any penalties associated therewith; and further, the applicant waives and forever releases any claim,
demand, action, legal redress, or recourse against the City, its elected and appointed officials, and
its employees and agents for any claims, damages, liabilities, causes of action, damages, or attorney
fees that the applicant may incur as a result of the violation by the applicant, its Stakeholders and
agents of those laws, rules, and regulations; and
8. The Act in Section 9.4 (MCL 333.27959(4) requires that the City establish a competitive
process to select applicants who are best suited to operate in compliance with the Act and this
Ordinance, when the City receives more applications than the number of available licenses.
Pursuant to this requirement the City requires that applicants submit the following which will be
scored using the applicable scoring rubrics:
1. An estimate of the number and type of jobs that the marihuana establishment is
expected to create and the amount and type of compensation expected to be paid for such
jobs;
2. A business plan which contains, but is not limited to, the following:
i. The applicant’s experience in operating other similarly permitted or licensed

businesses and the applicant’s general business management experience;
ii. The proposed ownership structure of the establishment, including

percentage ownership of each person or entity;
iii. A current organizational chart that includes position descriptions and the
names of each person holding each position;
iv. Planned tangible capital investment in the City, including if multiple permits
are proposed, an explanation of the economic benefits to the City and job creation,
if any, to be achieved through the award of such multiple permits, with supporting
factual data;

Page 5 of 13
ON OCTOBER 6, 2020
v. Expected job creation from the proposed marihuana establishment(s);
vi. If a Marihuana Grower Establishment is proposed, the number of plants

anticipated
vii. Financial structure and financing of the proposed marihuana

establishment(s); and;
viii. Community outreach/education plans and strategies.
3. A written description of the training and education that the Applicant will provide to
all employees, including planned continuing education for existing employees. Further, a
written description of the method(s) for record retention of all training provided to existing
and former employees;
4. A location area map of the marihuana facility and surrounding area that identifies
the relative locations and the distances (closest property line to the subject marihuana
facility’s building) to the closest real property comprising a public or private elementary,
vocational or secondary school; and church or religious institution, if recognized as a tax-
exempt entity by the City Assessor’s Office; and
5. A facility sanitation plan to protect against any marihuana being ingested by any
person or animal, indicating how the waste will be stored and disposed of, and how any
marihuana will be rendered unusable upon disposal. Disposal by on-site burning or
introduction into the sewerage system is prohibited.
6. A description of the anticipated area impact including the proximity of the

establishment(s) to properties zoned or used residentially; and plans for litter control,
loitering, neighborhood outreach, noise mitigation, odor mitigation, resident safety, and
traffic mitigation.
7. Blight mitigation.
9. Any other information which may be required by the City Clerk from time to time.
E. Upon an applicant’s completion of the above-described form and furnishing of all required
information, documentation, and fees, the City Clerk shall file the same and assign it a sequential application
number by establishment type based on the date and time of acceptance. Initial applications shall commence
on the sixtieth (60th) day following enactment of this ordinance and shall continue for a period of ninety (90)
days (the “Initial Application Period)”. At the expiration of the Initial Application Period, the, the City Clerk
shall compile a list of each applicant for each available license type. All of the applications shall be submitted
to the Selection Committee for review and completion of scoring rubric(s). Each application shall be scored
and the City Clerk shall prepare a list that identifies each application and the corresponding total of the

Page 6 of 13
ON OCTOBER 6, 2020
applicable individual scoring rubric. The scoring under this section shall be completed within 21-days of the
expiration of the Initial Application Period.
G. The City Manager shall forward the results of the individual scores to the City Council Subcommittee
on Judicial & Legislative / Personnel & Labor, together with a recommendation for the issuance of each
marihuana establishment license. The City Council Subcommittee on Judicial & Legislative / Personnel &
Labor shall make a recommendation for approval, denial, or approval with conditions, to the City Council and
the City Council shall have the discretion to either approve or deny each individual license application at the
next regularly schedule Regular Meeting of the City Council following receipt of the recommendation of the
City Council Subcommittee on Judicial & Legislative / Personnel & Labor to the City Council.
H. The City Clerk shall issue the applicant or applicants approved by the City Council a provisional
license and subsequently a final license after issuance by the State of Michigan of an operating license.
I. Maintaining a valid license issued by the state is a condition for the maintenance of a license under
this ordinance and continued operation of a marihuana establishment. A provisional license does not
authorize operations until a final license is issued, which will only occur upon issuance of the appropriate
license by the state of Michigan and the issuance of a Certificate of Occupancy.
J. A License issued under this ordinance is not transferable without the prior approval of the City
Council under the same terms and conditions required for the initial issuance of a license under this
Ordinance.
K. Marihuana Establishments issued Licenses by the City shall be fully operational within one hundred
eighty (180) days following the date the License is issued. Failure to be fully operational within one hundred
eighty (180) days following the date the License is issued shall be grounds for the revocation of the License.
If a Licensee is unable to be fully operational within one hundred eighty (180) days following the date the
License is issued, the Licensee may submit a request for a one-time extension to the City Manager and the
City Manager shall forward said request to the City Council subcommittee on Judicial & Legislative /
Personnel and Labor for consideration at its next scheduled committee meeting following the City Manager’s
receipt of the extension request. The City Council subcommittee on Judicial & Legislative / Personnel and
Labor shall forward a recommendation for approval or denial of the requested extension to the City Council
for action at the City Council’s next Regular Meeting.
XX.04 MINIMUM OPERATIONAL STANDARDS FOR ALL MARIHUANA ESTABLISHMENTS WITHIN

THE CITY OF MENOMINEE
The following minimum standards shall apply to all Marihuana Establishments within the City:
A. Marihuana Establishments shall comply at all times and in all circumstances with the Act, and
applicable Michigan law, and the general rules of the Department of Licensing and Regulatory Affairs, as
they may be amended from time to time. It is the responsibility of the owner to be aware of changes in the
Act. The City bears no responsibility for failure of the owner to be unaware of changes in the Act.
B. Consumption and/or use of marihuana shall be prohibited at the establishment.

Page 7 of 13
ON OCTOBER 6, 2020
C. The establishment shall be open, during regular business hours, to any representative of LARA, state
police officer, or City of Menominee Police Officer, or other official of the City of Menominee and said
individual(s) may enter the premises, offices, Establishments, or other places of business of a Licensee, for
the following purposes:
1. To inspect and examine all premises of Marihuana Establishments;
2. To inspect, examine, and audit relevant records of the Licensee and, if the Licensee or any
employee fails to cooperate with an investigation, impound, seize, assume physical control of, or
summarily remove from the premises all books, ledgers, documents, writings, photocopies,
correspondence, records, and videotapes, including electronically stored records, money
receptacles, or equipment in which the records are stored; and
3. To investigate alleged violations of the Act, this ordinance and applicable Michigan law.
D. The marihuana establishment shall be continuously monitored with a surveillance system that
includes security cameras. The video recordings shall be maintained in a secure, offsite location for a period
of fourteen (14) days and be available upon request of the City of Menominee Police Department.
E. The marihuana establishment shall secure every entrance to the establishment and only permit those
individuals described in this Ordinance or the Act access to the premises.
F. The marihuana establishment shall be maintained and operated so as to comply with all state and
local rules, regulations and ordinances. All Marihuana Establishments shall comply with applicable
requirements of the Zoning Ordinance, including obtaining and maintaining a Special Use License.
G. All marihuana shall be contained within an enclosed, secure area.
H. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion
of the structure in which electrical wiring, lighting and/or watering devices that support the Grower, growing
or harvesting of marihuana are located and occupancy shall be contingent upon the issuance of a final
occupancy permit.
I. All persons working in direct contact with marihuana shall conform to acceptable hygienic practices
while on duty, including, but not limited to:
1. Maintaining adequate personal cleanliness;
2. Washing hands thoroughly in adequate hand-washing areas before starting work and at any
other time when their hands may have become soiled or contaminated; and
3. Refraining from having direct contact with marihuana if the person has or may have an
illness, open lesion, including boils, sores or infected wounds, or any other abnormal source of
microbial contamination, until the condition is corrected.

Page 8 of 13
ON OCTOBER 6, 2020
J. Litter and waste shall be properly removed and the operating systems for waste disposal shall be
maintained in an adequate manner so that they do not constitute a source of contamination.
K. Floors, walls and ceilings shall be constructed in such a manner that they may be adequately cleaned
and kept clean and in good repair.
L. There shall be adequate screening or other protection against the entry of pests. Rubbish shall be
disposed of so as to minimize the development of odor and minimize the potential for the waste development
of odor and minimize the potential for waste becoming an attractant, harborage or breeding place for pests.
M. All building fixtures and other Establishments shall be maintained in a sanitary condition.
N. Odor from operations shall be controlled as provided in the Zoning Ordinance and as may be required
under the Special Use License issued to the Licensee.
XX.05 MINIMUM OPERATIONAL STANDARDS FOR MARIHUANA GROWER ESTABLISHMENTS
The following minimum standards for Grower Establishments shall apply.
A. Grower Establishments shall maintain a log book and/or database indicating the number of
Marihuana Plants therein.
B. A Stakeholder in a Grower Establishment shall not hold an ownership interest, directly or indirectly,
in more than two (2) Marihuana Grower Establishments.
C. The establishment shall be subject to inspection by the City of Menominee Fire Department, City of
Menominee Building Inspector, City of Menominee Code Enforcement Officer, and City of Menominee Police
Department, to ensure compliance with all applicable statutes, codes and ordinances.
D. Multiple Grower Establishment Licenses in a single location shall be permitted, subject to approval
of the same by the City Clerk.
XX.06 MINIMUM OPERATIONAL STANDARDS FOR SAFETY COMPLIANCE ESTABLISHMENTS
The following minimum standards for Safety Compliance Establishments shall apply.
A. Safety Compliance Establishments shall maintain a log book and/or database which complies with
the Act or applicable Michigan law.
B. There shall be no other accessory uses permitted within the same establishment other than those
associated with testing marihuana.
C. A Stakeholder in a Safety Compliance Establishment shall not hold an ownership interest, directly or
indirectly, in a Grower, Processor, Retailer or Microbusiness Establishment.
XX.07 MINIMUM OPERATIONAL STANDARDS OF MARIHUANA PROCESSOR ESTABLISHMENTS

Page 9 of 13
ON OCTOBER 6, 2020
The following minimum standards for Processor Establishments shall apply.
A. All Activity related to the Processor Establishment shall occur indoors.
B. Processor Establishments shall maintain a log book and/or database which complies with the Act or
other applicable state laws.
C. All marihuana shall be tagged as required by the Act or applicable state laws.
D. That structure shall be subject to inspection at any time by the City of Menominee Fire Department
to ensure compliance with all applicable statutes, codes and ordinances.
E. Processor Establishments shall produce no products other than useable marihuana intended for
human consumption.
XX.08 MINIMUM OPERATIONAL STANDARDS FOR SECURE TRANSPORTER ESTABLISHMENTS
The following minimum standards for Secure Transporter Establishments shall apply.
A. Secure Transporters and each Secure Transporter Stakeholder shall not hold an ownership interest,
directly or indirectly, in a Grower, Processor, Retailer or Microbusiness Establishment.
B. A Secure Transporter shall enter all transactions, current inventory, and other information as required
by the state into the statewide monitoring system.
C. A Secure Transporter shall comply with all of the following:
1. Each driver transporting marihuana shall have a chauffeur's license issued by the state;
2. Each employee who has custody of marihuana or money that is related to a marihuana
transaction shall not have been convicted of delivery of a controlled substance;
3. Each vehicle shall be operated with a two-person crew with at least one individual remaining
with the vehicle at all times during the transportation of marihuana;
4. The marihuana shall be transported by one or more sealed containers and shall not be
accessible while in transit; and
5. A secure transporting vehicle shall not bear markings or other indication that it is carrying
marihuana or a marihuana infused product.
D. A vehicle used by a Secure Transporter is subject to administrative inspection by a law enforcement

officer at any point during the transportation of marihuana to determine compliance with all state and local
laws, rules, regulations and ordinances.

Page 10 of 13
ON OCTOBER 6, 2020
XX.09 MINIMUM OPERATIONAL STANDARDS FOR MARIHUANA PROVISIONING CENTERS AND

RETAILERS
The following minimum standards for Marihuana Provisioning Centers and Retailers shall apply.
A. The Establishment shall not sell edible marihuana-infused candy in shapes or packages that are
attractive to children or that are easily confused with commercially sold candy that does not contain
marihuana.
B. The Establishment shall not sell or otherwise transfer marihuana that is not contained in an opaque,
resealable, child-resistant package designed to be significantly difficult for children under 5 years of age to
open and not difficult for normal adults to use property as defined by 16 C.F.R. 1700.20 (1995), unless the
marihuana is transferred for consumption on the premises where sold.
C. Marihuana Retailers and their agents shall ensure that all purchasers of marihuana are over 21 years
of age.
D. Marihuana Provisioning Centers and their agents shall ensure that all purchases of marihuana are
by persons who are issued and possess a valid card issued under the rules governing the Michigan Medical
Marihuana Program. If a Provisioning Center is located in the same building as a Marihuana Retailer, access
to the Marihuana Retailer area of the building must be strictly limited to persons who are over 21 years of
age.
XX.11 LOCATION OF GROWER ESTABLISHMENT, SAFETY COMPLIANCE ESTABLISHMENT,

PROCESSOR ESTABLISHMENT, AND SECURE TRANSPORTER ESTABLISHMENT
A. All Grower Establishments, Safety Compliance Establishments, Processor Establishments,

Microbusiness Establishments and Secure Transporter Establishments shall only operate and be located
within the permitted areas as provided for in the Zoning Ordinance.
B. Multiple Establishment Licenses at a single location shall be permitted subject to the review and
approval by the City Clerk and subject to the requirements of the state of Michigan.
XX.12 DENIAL AND REVOCATION
A. A License issued under this Ordinance may be revoked after an administrative hearing at which the
City Clerk determines that grounds for revocation under this Ordinance exist. Notice of the time and place of
the hearing and the grounds for revocation must be given to the holder of a License at least five days prior
to the date of the hearing, by first class mail to the address given on the license application; a licensee whose
license is the subject of such hearing may present evidence and/or call witnesses at the hearing.
B. A License applied for or issued under this Ordinance may be denied or revoked on any of the
following basis:
1. Any violation of this Ordinance;

Page 11 of 13
ON OCTOBER 6, 2020
2. Any conviction of delivery of a controlled substance to a minor;
3. City Clerk finding of fraud, misrepresentation or the making of a false statement by the
Applicant or any stakeholder of the Applicant while engaging in any Activity for which this Ordinance
requires a License or in connection with the Application for a License or request to renew a License;
4. Sufficient evidence that the Licensee lacks, or has failed to demonstrate, the requisite
professionalism and/or business experience required to assure strict adherence to this ordinance,
and the rules and regulations governing the Act;
5. The License holder or any of its Stakeholders is in default to the City personally or in
connection with any business in which they hold an ownership interest, for failure to pay property
taxes, special assessments, fines, fees or other financial obligation;
6. The marihuana establishment is determined by the City to have become a public nuisance;
or
7. LARA has denied, revoked or suspended the applicant's state operating license.
C. Should the City Clerk revoke a License, the Licensee shall have fourteen (14) days from the mailing
of the written notice of revocation to appeal the decision to the City Manager. The City Manager may require
additional information or Act upon the appeal based upon the information supplied to the City Clerk. Should
the City Manager reverse the decision of the City Clerk, the City Clerk shall reinstate the license. Should the
City Manager affirm the decision of the City Clerk, he/she shall mail by first class mail a written notice affirming
the decision to the address for the Licensee contained in the City Clerk’s records.
D. Should the City Manager affirm the denial, revocation or suspension of a License by the City Clerk,
the Licensee shall have fourteen (14) days from the mailing of the decision of the City Manager to appeal the
decision to City Council, by filing with the City Clerk a written notice of appeal. City Council shall hear the
appeal at its next regularly scheduled meeting, but no sooner than 7 days from the receipt of the appeal.
E. Any License that is issued and later revoked or, once issued, denied at renewal, shall be made
available for issuance and the City Clerk shall cause notice of the availability of a revoked or nonrenewed
License to be posted in the same manner as notice of meetings of the City Council. The process in Sec.
XX.03 shall be followed for applying for an available License.
XX.13 LICENSE RENEWAL
A. A License shall be valid for one year from the date of issuance, unless revoked as provided by law,
including this Ordinance.
B. A valid License may be renewed on an annual basis by submitting a renewal application upon a form
provided by the City and payment of the annual license fee. Applications to renew a License shall be filed
with the City Clerk at least thirty (30) days prior to the date of its expiration. As long as no changes to the
Licensee have occurred and there is no pending request to revoke or suspend a License, and the Licensee
has paid the License Renewal Fee, the City Clerk shall renew the License.

Page 12 of 13
ON OCTOBER 6, 2020
XX.14 UNLAWFUL ACTIVITIES
Any act which is a violation of either the MMFLA or the MRTMA, or any amendment thereto, shall also be
considered a violation of this Ordinance. It shall be unlawful to consume marihuana in a public place in the
City of Menominee.
XX.15 APPLICABILITY
The provisions of this Ordinance shall be applicable to all persons and Establishments described herein,
including if the operations or Activities associated with a marihuana establishment were established without
authorization before the effective date of this ordinance.
XX.16 PENALTIES AND ENFORCEMENT
A. Any person who violates any of the provisions of this Ordinance shall be responsible for a municipal
civil infraction and subject to the payment of a civil fine of $500, plus costs, except that a violation of Section
XX.14 by consuming marihuana in a public place is a civil infraction and subject to the payment of a civil fine
of up to $100. Each day a violation of this Ordinance continues to exist constitutes a separate violation. A
violator of this Ordinance shall also be subject to such additional sanctions, remedies and judicial orders as
are authorized under Michigan law.
B. A violation of this Ordinance is deemed to be a nuisance per se. In addition to any other remedy
available at law, the City may bring an Action for an injunction or other process against a Licensee to restrain,
prevent, or abate any violation of this Ordinance.
C. This Ordinance may be enforced and administered by the City Clerk, any City of Menominee Police
Officer, City Manager or such other city official as may be designated from time to time by resolution of the
City Council.
XX.17 SEVERABILITY
In the event that any one or more sections, provisions, phrases or words of this Ordinance shall be found to
be invalid by a court of competent jurisdiction, such holding shall not affect the validity or the enforceability
of the remaining sections, provisions, phrases or words of this Ordinance.

Page 13 of 13
EXHIBIT 16

23.11.02 Plaintiffs' Ex Parte Motion For TRO Ex. 1-16

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

23.11.02 Plaintiffs' Ex Parte Motion For TRO Ex. 1-16

Uploaded by

Copyright:

Available Formats

STATE OF MICHIGAN

IN THE 41st CIRCUIT COURT FOR THE COUNTY OF MENOMINEE

CITY OF MENOMINEE, a Michigan Hon. Mary B. Barglind

Eric E. Doster (P41782) James A. Martone (P77601)

Matthew W. Cross (P77526)

11/02/2023 EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER

certain marihuana retail stores.

BRIEF IN SUPPORT OF PLAINTIFFS’ 11/02/2023 EX PARTE MOTION FOR

stores unless forced to do so by this Court.

to close them despite their continued violations of this Court’s orders.

to the public on September 26, 2023 at 1pm CST.

10/17/2023 Supplemental Order.

II. STATEMENT OF FACTS

A. Relevant Procedural History

and two other marijuana retailers.

inspector go to locations of the O.I. Holdings/Higher Love, Attitude Wellness/Lume, and Nu

and selling to the public yesterday.” 2

and mandated in Section 3b that:

Group/Nirvana are paying for Mr. Cross to represent the City.

B. City’s Own Findings as to Whom Was Open at 1pm CST on Tuesday,

And in Section 3.04(4) provides the City Manager shall:

Further, Section XX.03” REQUIREMENTS AND PROCEDURE FOR ISSUING MUNICIPAL

after Judge Barglind’s 1pm September 26, 2023 ruling.

C. Other Competent Evidence Supports the Finding of the City’s Building

1. Evidentiary observations before the

interacted with RIZE’s competitors in those markets. 6

to pay daily attention to what the competition is doing. 8

Menominee County Courthouse. 9

September 27, 2023. 10

see on the premises.

from Higher Love that the store was closed.

September 26, 2023.

2. Evidentiary Observations During and

that it was not open and operating.

as shown in Exhibit 2) Ms. Povich saw an employee of Gardner Up North Amusements, a

products in the store.

machine. Because Section XX.04 of the Menominee Marihuana Establishments Ordinance

after Judge Barglind had already ruled. 20

on the video exhibit.

to hurriedly open in reaction to Judge Barglind’s ruling three hours earlier.

September 26, 2023. 28

D. The City’s Refusal to Follow this Court’s October 17th Supplemental

power granted by both the Michigan Constitution and statutory provisions.

it was not opening until October 2, 2023. 33

by text that “City is going to take action on Monday, I believe.”

So Plaintiffs now are forced to seek relief from this Court.

E. Higher Love’s Affidavits in Support of its Motion to Intervene and its

on October 2, 2023 and the Grand Opening on October 9, 2023. 39

before the 1pm CST ruling of Judge Barglind. 42

III. STANDARD OF REVIEW

its orders and prevent further violations and non-compliance.

By: /s/ Jason M. Schneider By: /s/ Eric E. Doster

Date: November 2, 2023

ADAM MICHAUD, et al.,

Eric E. Doster (P41782) Matthew W. Cross (P77526)

Michael A. Cox (P43039)

John R. Turner (P38563)

Exhibit 1: Sworn Affidavit of Tara Povich

Exhibit 2: Lume Menominee video at 423 pm 9.26.03 NOT OPEN.mp4

Exhibit 3: 09/26/2023 Lume Facebook Post re Opening on 9/27

Exhibit 5: Higher Love Menominee 423 pm Not Open, Open 09.26.23.mp4

Exhibit 8: Sworn Affidavit of Mikhael Parrson