Mederi, Inc. v. Salem
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The Supreme Judicial Court affirmed the decision of the superior court denying this action in the nature of mandamus as well as certiorari review of the decision of the city of Salem to reject Mederi, Inc.'s application to enter into a host community (HCA) agreement, holding that there was no error.
When Mederi applied for an HCA with the city to open a retail marijuana establishment in Salem it was one of eight applications vying for four available spots. The city of Salem denied Merderi's application. Merderi then filed a complaint seeking relief in the nature of mandamus as well as certiorari review of the city's decision, claiming that by rejecting it as an HCA partner, the city effectively precluded Mederi from being considered for a license to sell marijuana. A superior court judge dismissed the mandamus claim and granted judgment on the pleadings on the remaining certiorari claim. The Supreme Judicial Court affirmed, holding (1) the city made a rational choice to reject Mederi's application in favor of other prospective retail marijuana establishments; and (2) the city's application process was not contrary to law.
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