This is what I see (apologies in advance to yachtsailor and taketheredpill).
A couple of terms are being used incorrectly. The first is grandfathered in. There is no grandfathering as there is no basis on which to grandfather. IMO and that of others in the legal profession, and just as easily others may have a different legal opinion, lawful nonconforming is not an option for the company. One, there is no license currently granted to grow, and two it is likely, but not certain the amendments will be read into law prior to HC granting a license therefore it would be illegal for CEN to grow medical mj in the absence of a license, therefore making lawful nonconforming a non-issue. It must be a lawful activity giving protection to acquired rights. So where does this leave the company but more importantly shareholders?
This is my scenario.
1-the town will not grant the zoning amendment application to increase the space to allow for greater production from that site on 20 North Rear Road. They will allow the grow op to grow there and to process smaller amounts of medical mj grown on site, and that will allow for the town to avoid a court action because simply it is value added, and the company knew they might not be successful in getting the zoning amendment approved.
2-the town will pave the way for the company to locate in industrial sites for expansion. The company will ask HC for permission to transfer medical mj from one site to another for drying, sorting, packaging and shipping, just as Tweed has done for the Niagara On The Lake site.
3-the company will continue to use the other facility, the former horse vet for research and development, a testing lab, none of which should cause any concern for the residents nearby. The hemp can be harvested and again, transported to a facility in the industrial park for processing.
4-since the company was planning on expanding, where they expand is not important. This will allow the company to keep its current place in line with Health Canada, and HC has set the precedent already by granting a second license to a producer (Tweed) which CEN can ask for for facilities located in the industrial park.
5-both the company and the town will save money because the company can use existing infrastructure, saving the town money for having to build it out and the company money for having to truck in water, use generators or pay the infrastructure costs to the town for servicing a site in an agricultural zone with utilities not normally found there.
This will delay the build out of the additional buildings but will allow for CEN to begin growing on site 1, start small and use the restricted space to begin shipping to patients and give cash flow to use for adding to facilities located in the the industrial park. It also allows for the company to learn through growth, and hopefully avoid mistakes others have made when attempting to achieve growth in a bid to capture market share, too quickly.
Compromise in this case is the path to tread and investors will benefit by it.
A couple of terms are being used incorrectly. The first is grandfathered in. There is no grandfathering as there is no basis on which to grandfather. IMO and that of others in the legal profession, and just as easily others may have a different legal opinion, lawful nonconforming is not an option for the company. One, there is no license currently granted to grow, and two it is likely, but not certain the amendments will be read into law prior to HC granting a license therefore it would be illegal for CEN to grow medical mj in the absence of a license, therefore making lawful nonconforming a non-issue. It must be a lawful activity giving protection to acquired rights. So where does this leave the company but more importantly shareholders?
This is my scenario.
1-the town will not grant the zoning amendment application to increase the space to allow for greater production from that site on 20 North Rear Road. They will allow the grow op to grow there and to process smaller amounts of medical mj grown on site, and that will allow for the town to avoid a court action because simply it is value added, and the company knew they might not be successful in getting the zoning amendment approved.
2-the town will pave the way for the company to locate in industrial sites for expansion. The company will ask HC for permission to transfer medical mj from one site to another for drying, sorting, packaging and shipping, just as Tweed has done for the Niagara On The Lake site.
3-the company will continue to use the other facility, the former horse vet for research and development, a testing lab, none of which should cause any concern for the residents nearby. The hemp can be harvested and again, transported to a facility in the industrial park for processing.
4-since the company was planning on expanding, where they expand is not important. This will allow the company to keep its current place in line with Health Canada, and HC has set the precedent already by granting a second license to a producer (Tweed) which CEN can ask for for facilities located in the industrial park.
5-both the company and the town will save money because the company can use existing infrastructure, saving the town money for having to build it out and the company money for having to truck in water, use generators or pay the infrastructure costs to the town for servicing a site in an agricultural zone with utilities not normally found there.
This will delay the build out of the additional buildings but will allow for CEN to begin growing on site 1, start small and use the restricted space to begin shipping to patients and give cash flow to use for adding to facilities located in the the industrial park. It also allows for the company to learn through growth, and hopefully avoid mistakes others have made when attempting to achieve growth in a bid to capture market share, too quickly.
Compromise in this case is the path to tread and investors will benefit by it.
