Neighbors Ask City to "Stay Strong" in Face of Marijuana Lawsuit

Several neighbors said they were shocked and upset to hear about the who hoped to open Albany's first medical marijuana dispensary. 

A handful of Albany residents addressed the on Monday night before officials went into closed session to discuss the lawsuit, which was filed by Bret and Erik van den Akker nearly three weeks ago.

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The van den Akkers had requested a permit to open a dispensary, called VitalGen, at 1019 Solano Ave. and spent about a year jumping through city hoops. Many neighbors protested, citing the street as a frequent pathway for dozens of city children. 

Authorities refused the brothers' request in January. The van den Akkers sued the city in April, claiming there is "" within the city limits where a dispensary could open, due to city zoning regulations. (Voters approved the idea of a single dispensary in Albany in 2006.)

"I think you all acted in a strong and forthright manner back at the sessions (in January)," said Chris Beynon, who lives near the proposed site of the dispensary. "It's really upsetting that this would be coming up in this manner. We expect you all .... to vigorously defend against this lawsuit." 

Beynon called the city's rejection of the VitalGen request "the right decision."

"We should not be backed into a corner," he said. "We should not be hammered down by folks out, not to build the community, but to make some bucks."

Local attorney Don Driscoll told the council he thought the dispensary lawsuit "lacks merit." 

"If you don't stand up and fight this, you won't get your rights," he said. "You'll make yourself a target for other people that want to push you over. You really need to stand up and vigorously defend what you reasonably and carefully thought out."

Albany resident Brian Parsley said he wasn't surprised by the lawsuit, "because medical marijuana is a business.... It's not about caregiving." 

He told the council that nothing in the 2006 vote requires a dispensary in Albany; it simply give the city the ability to approve one, he said. 

He urged a moratorium on all dispensary applications and said the city should "rework the ordinance so this doesn't continue to happen."

Kristina Osborn, of Albany, said she was "shocked and surprised" about the lawsuit, and asked officials for any guidance on how the public could support them.

"If it's more letters, people can do that," she said. "Stay strong. You're representing the citizens of Albany, not two brothers who are not involved, and who are not looking out for what's best for us."

Albany mom Marcy Lauer, whose 5- and 7-year-old children were in the audience, said she didn't think it would have been safe for children to pass by the VitalGen business, which would have been located on what she called "a major artery, a major pathway to school."

"We're very upset to learn about the lawsuit," Lauer told the council Monday. "I felt we were heard (before) and that a lot of thought went into your decision.... I'm hoping reason will prevail in this case.... I would hope that those two blocks of Solano would never be a concession."

No one spoke on behalf of VitalGen.

City attorney Robert Zweben said the council would meet with attorneys to determine a plan of action. He said the case could be pending "for at least several months if not a good year before it is resolved" or a decision is made by the court.

Everybody makes mistakes ... ! If there's something in this article you think should be corrected, or if something else is amiss, call editor Emilie Raguso at 510-459-8325 or email her at emilier@patch.com.