After months of controversy, lawsuits and even a special citizens’ referendum, the town of Old Orchard Beach is now one step closer to having a retail cannabis store within town limits.

Last year, three businesses applied for the town’s “one and only” license to operate a commercial, retail cannabis store.

Of the three applicants that applied for the one license, Theory Wellness, LLC was selected by the town and will now proceed to the town’s planning board for a conditional use permit.

According to Town Planner Jeffrey Hinderliter, Theory Wellness, LLC is expected to begin the planning board review process within the next few weeks.

The town’s decision to select Theory Wellness, LLC triggered lawsuits being filed against the town by the other two applicants, Exit 710, LCC and Old Orchard Beach Provisions, LLC.

Hannah King, an attorney representing Old Orchard Beach Provisions, LLC, said town officials deemed her client’s application as incomplete and thus it was disqualified from further consideration. King says her client is challenging that decision.

Town Manager Diana Asanza said several questions on the Old Orchard Beach Provisions application were left blank. She also said the town used an established merit system to review all three applications. Theory Wellness, she said, “earned additional points” for operating a compliant adult use marijuana or medical marijuana store in another state for two or more years.

But there could be a significant hiccup on the road to opening a retail cannabis store.

According to town ordinances, only one location meets the criteria for the establishment of a retail cannabis store, but two of the applicants both claim to have a lease on the property, which is located near the “halfway’ intersection.

During a recent town council workshop meeting Peter Mourmouras, one of the principals of Exit 710, LLC, told the council that his family secured a “six-year lease” on the property. Apparently, Theory Wellness also claims to have a lease on the property.

Hinderliter told town councilors last week that if Theory Wellness cannot demonstrate “right, title or interest on an approved property” their application for a permit will be dead upon arrival.

Representatives from Theory Wellness, based in Stoneham, Mass., did not return calls for comment, as of press time.

Meanwhile, Mourmouras said his family has spent “thousands and thousands of dollars” throughout the application process and has been treated “unfairly” by town officials.

Once again, Mourmouras and his sons, Thomas and Patrick, clashed with members of the town council during a recent public workshop meeting. In a rather heated exchange, the Mourmourases again alleged that the council is doing everything possible to prevent their family from being granted a license to operate a retail cannabis store.

Town Council Chairman Shawn O’Neill and other members of the council were clearly frustrated by the Mourmourases continuing allegations of misconduct.

“No one is changing the rules,” O’Neill said. “We are simply exploring the possibility of maybe – maybe – considering the idea of allowing more than one store.”

Councilor Kenneth Blow was also clearly frustrated with Mourmouras. “You guys were upset when we said there should only be one store, and now you’re upset when we talk about having more than one store,” Blow said. “There’s no satisfying you.”

Randy Seaver can be contacted at randy@randyseaver.com.

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