Supreme Court stays ruling against River Valley, will expedite review of case December 1, 2022 By Griffin Coop The state Supreme Court has stayed a circuit court ruling that had placed a Fort Smith cultivation facility on a path toward having its license revoked, according to an order granted by the court Thursday. The court ruling in favor of River Valley Relief and owner Storm Nolan accompanied another ruling in which the court said it would expedite its review of the case. The future of Nolan’s business became uncertain last month when Circuit Judge Herb Wright ruled in favor of plaintiff 2600 Holdings, which contended that the state Medical Marijuana Commission had erred when it issued a license to River Valley. Nolan tried to intervene in the case twice but Wright denied him each time. Wright sided with 2600 Holdings that Nolan’s business was located less than 3,000 feet from the Sebastian County Juvenile Detention Center, which Wright said met the commission’s definition of a school. Nolan has since argued that he did significant research into whether the detention center would be considered a school and said officials with the state Department of Education and Fort Smith public schools told him it was not a school. Wright also found that River Valley was ineligible to receive a license after Nolan had dissolved the business entity listed on his application. Wright also found that Nolan no longer possessed the property listed in his application. Wright stopped short of revoking Nolan’s license but said the state should “take all steps necessary to remedy these violations.” On Monday, Doralee Chandler, director of the state Alcoholic Beverage Control Division, held a revocation hearing to consider the River Valley case. Nolan, under oath, defended his actions in each of the counts cited by Wright. At the conclusion of an hour-long hearing, Chandler revoked the license. A few hours later, the ABC advised that Nolan had appealed the ruling, which imposed an immediate stay on Chandler’s ruling, meaning Nolan’s license was not revoked and River Valley could continue operating until a hearing by the ABC board. The board’s next meeting is scheduled for Dec. 21. A ruling by the ABC board could be appealed to circuit court, according to ABC spokesman Scott Hardin. Abtin Mehdizadegan, attorney for 2600 Holdings, provided a brief statement Thursday afternoon. “While we opposed RVRC’s requested stay, we are encouraged that the Supreme Court is willing to entertain an expedited appeal,” Mehdizadegan said. “And when the dust settles, we believe the Court will uphold Judge Wright’s well-reasoned orders.”
