Dukes of Earl, LLC and owner Nicholas Molin filed an amended complaint against Park County in the Eleventh Judicial District Court Sept. 13. It was filed as a violation of Colorado Rules of Civil Procedure, Rule 106.
The lawsuit claims the commissioners abused their discretion, and that denying the marijuana cultivation license was “an arbitrary, capricious or unreasonable exercise of the board’s authority.”
It stated the results of the neighborhood canvas survey and its significance were misinterpreted, and the county marijuana law was misapplied.
The original complaint filed July 6 was ruled by District Judge Steven Groome Aug. 24 to be incomplete.