Nolan plans appeal to state Supreme Court, ABC revocation hearing still set for Monday November 23, 2022 By Griffin Coop Storm Nolan, owner of an embattled Fort Smith cultivation facility, filed a notice Tuesday that he intends to appeal his case to the state Supreme Court after a Pulaski County judge ruled earlier this month that the state erred when it issued him a license. Nolan is still scheduled to go before the director of the state Alcoholic Beverage Control division in a revocation hearing on Monday. The plaintiff in the case involving River Valley Relief filed a motion last week that the state should move faster to revoke the license and call off the hearing, but Circuit Judge Herbert Wright has not ruled in the matter. The attorney for Nolan, who owns River Valley Relief along with his brother, said in a filing Tuesday that he intends to appeal to the state Supreme Court and argue on “each and every issue decided adversely to Nolan and River Valley.” Those adverse decisions by Wright include his refusal to allow Nolan to intervene in the case and oppose summary judgment on Nov. 2, an order granting the plaintiff’s motion for summary judgment on Nov. 3 and an order denying Nolan’s second attempt to intervene and his motion for a new trial on Nov. 21. Wright ruled earlier this month that the state Medical Marijuana Commission had erred when it issued a cultivation license to River Valley. Wright sided with the plaintiff, 2600 Holdings (doing business as Southern Roots), that River Valley’s facility is less than 3,000 feet from a school, since the Sebastian County Juvenile Detention Facility meets the commission’s definition of a school. Wright also found that the commission issued the license to a business entity that was different from the one in Nolan’s original license application. Wright stopped short of revoking River Valley’s license in the ruling but said the state should take “all steps necessary to remedy these violations.” After the ruling, the state sent a letter to Wright saying it was moving forward with revoking the license. On Nov. 11, commission spokesman Scott Hardin said the state Alcoholic Beverage Control division had scheduled a hearing for Nov. 28 in which Nolan will go before ABC Director Doralee Chandler. A ruling by Chandler could be appealed to the full ABC board and a ruling by that board could be appealed to circuit court, Hardin said. Abtin Mehdizadegan, attorney for 2600 Holdings, filed a motion on Nov. 15, saying that the state wasn’t moving fast enough and that the Nov. 28 hearing should be canceled. Wright has not ruled on that motion and Hardin said Wednesday via text that the meeting remains scheduled for 1 p.m. on Monday. Mehdizadegan’s motion also called for the defendants in the case to show Wright why they should not be held in contempt for not following his orders in the case. Chandler filed a motion Tuesday, saying she has not violated the court’s order and has followed state law and due process afforded to Nolan. “What the plaintiff is seeking is to penalize Director Chandler for complying with state law, regulations and constitutional due process protections accorded the current license holder,” the motion says. Meanwhile, River Valley continues to hold its license and will continue to operate as long as it is allowed to, Nolan said via text Wednesday. “River Valley Relief is still in possession of its cultivation license, and our team in Fort Smith will continue our mission to provide high quality cannabis products to the patients of Arkansas as long as that remains the case,” Nolan said.
