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Leaf CT LLC v. Social Equity Council (cultivator and hybrid retailer appeals)

Two administrative appeals by Waterbury-based Leaf CT LLC after the Social Equity Council ruled it did not qualify as a social equity applicant for a cultivator license and a hybrid retailer license. Judge Budzik dismissed both appeals in August 2023; Leaf appealed and then withdrew in October 2024.

Source
Connecticut Superior Court, New Britain
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8

Docket: HHB-CV22-6074406-S, HHB-CV22-6074907-S (New Britain).

Status: CLOSED. Both appeals dismissed August 8, 2023 (judgment for the defendants); Appellate Court appeals withdrawn October 15, 2024.

Parties. Plaintiff Leaf CT LLC of 436 Pine Street, Waterbury. Defendants the Social Equity Council, the Department of Economic and Community Development (which houses the council) and the Department of Consumer Protection.

What the appeals say. The council decided on July 13, 2022 (cultivator application) and August 19, 2022 (hybrid retailer application) that Leaf did not qualify as a social equity applicant. Leaf appealed each decision under the Uniform Administrative Procedure Act and C.G.S. § 21a-420g(d)(1). Leaf argued the council misread the residency and income tests, violated the notice-of-hearing rules in § 21a-421p(c), denied due process by refusing to let it amend its applications, and acted arbitrarily because it let denied equity joint venture applicants amend theirs.

What happened. The cultivator appeal was filed August 15, 2022 and the retailer appeal September 7, 2022; the court consolidated them and both were later amended. The state filed the administrative records, parts of them under seal, in December 2022. In the retailer case the state moved to dismiss DCP and DECD as parties; Judge Henry Cohn granted that motion March 6, 2023, leaving the council as the defendant. Briefing finished in March 2023. On August 8, 2023 Judge Matthew Budzik issued one memorandum of decision covering both cases, rejecting each of Leaf’s arguments and dismissing both appeals. Leaf appealed to the Appellate Court on August 22, 2023 and withdrew both appeals on October 15, 2024.

Documents below are published exactly as they appear on the Judicial Branch’s civil case look-up (civilinquiry.jud.ct.gov). The full docket for every case is public; CannaTimes publishes the leading complaint and the outcome documents, and describes the rest in the text above.

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