School threatens lawsuit to prevent cannabis dispensary near its Yorkville campus

A proposed cannabis dispensary on Route 47 in Yorkville already has one potential neighbor pushing back. Parkview Christian Academy, a private school in Yorkville, is threatening litigation against the proposed dispensary, arguing selling cannabis products so close to its school creates a harmful environment for its students.

Superintendent Ray Epperson said the school is objecting to the location of the dispensary, not the business itself.

“We are not opposed to the city having a cannabis dispensary, we understand the importance of the tax revenue, just not basically right next to the school,” he said. “I understand our kids can’t go in and purchase anything, that’s not a concern because of the safety measures they have put in place, but as things become more common and more accessible, then they’re more tempted.”

Progressive Treatment Solutions Corp. filed an application with the city seeking permission to open a “Consume Cannabis” dispensary in a vacant business building, 1508 N. Bridge Street, 460 feet from the school. The current city ordinance prohibits any dispensary from being located under 500 feet from an existing school. The signage on the dispensary would read “Consume Cannabis Company.” The city prohibits cannabis-related imagery on any signs.

Epperson said after he provided information to the students’ parents, about 10 families have agreed to accompany him to the Planning and Zoning Commission Meeting on Oct. 9 at 7:00 pm in City Hall, 651 Prairie Pointe Drive, Yorkville.

“The city variances are put in place for a reason,” Epperson said. “It’s not just the 500 feet, but it’s also right next to Dunkin’ Donuts where our kids go a lot before and after school.”

According to a letter sent to city staff on Aug. 20 from the school’s attorney, Antonio J. Senagore, the school is prepared to sue to prevent the location of the cannabis dispensary. Senagore argues in addition to state law prohibiting a dispensary within 1,000 feet of a school and the Yorkville ordinance prohibiting them within 500 feet of a school, the dispensary would negatively affect the school’s attractiveness.

“Some parents understandably may not want their children to attend a school located in such close proximity to a cannabis dispensary, which could substantially diminish surrounding property values including the value of the Academy’s upper campus,” said Senagore in the letter.

Senagore also argues there have not been any efforts taken to minimize the potential traffic congestion resulting from the business.

“The operation of a dispensary under such circumstances would be detrimental to the public health, safety, morals, comfort and general welfare,” Senagore said in the letter.

In response, Mitchel Kay, legal counsel for Progressive Treatment Solutions, said in a submitted a letter to city staff on Aug. 22 that they will not be deterred by the school’s threat of litigation. Kay argued the state law’s language cited by the school expired more than five years ago.

“The Academy’s dubious Objection Letter was laden with inaccuracies, unsubstantiated statements, and subjective opinion, and should be disregarded in its entirety,” Kay said in the letter.

Kay argued there are enough safeguards in place to ensure the dispensary does not pose any harm to the students or the local neighborhood.

“[We] cannot and will not sell to anyone under 21 and are subject to strict regulations, regulators, and compliance oversight, including, without limitation, ID verification and security cameras,” Kay said in the letter.

According to Yorkville’s ordinance, only one cannabis dispensary can be located within city limits, and there currently are none. The ordinance also forbids on-site consumption of cannabis products during business operations.

The two closest dispensaries to Yorkville are in Oswego and Montgomery.