The lawsuit, which calls for the “enforcement of deed restrictions, private nuisance, and injunctive relief relating to the use of certain real property by Defendants,” says that odor of marijuana has “infiltrated and permeated” the church’s buildings.
The friars, who are part of the Order of Friars Minor Conventual, argue that the defendants are violating New York’s Marijuana Regulation and Taxation Act, which prevents marijuana retailers from “locat[ing] a storefront…within two hundred feet of a house of worship.”
The defendants have also violated the Clean Indoor Air Act, the lawsuit alleges, by allowing their customers to smoke marijuana inside the buildings on the property, “which detrimentally impacts Assumption and its operations.”
After the lawsuit was initially filed, the marijuana market moved to a different location, Syracuse.com reported. However, it was forced to move from its new location as well, they reported.
On Feb. 11, a lawyer for the friars served a temporary restraining order against 800 Block and its lawyer, in addition to the entities that make up Alien Opera House.
The suit also alleges that Alien Opera House has been hosting concerts lasting until 2 a.m. which are “extremely disruptive to Assumption.” The suit compares the concerts to “activity in the nature of a night club.”
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