Healing Health Care 3 is attempting to open a dispensary in Tempe by Arizona State University’s Karsten Golf Course at McClintock Drive and Rio Salado Parkway. The hopeful dispensary is arguing that the City of Tempe wrongfully exercised a zoning regulation to block their opening.
Healing Health Care 3 claims that a member of the Board of Adjustment, David Lyon, has a conflict of interest, as reported by AZ Central. A second appeal is scheduled to be heard on May 25th. Lyon is employed by SmithGroupJJR, a company currently retained by Arizona State University for redevelopment plans.
Jeffrey Gross, a representative for Healing Health Care 3, said, “This conflict is made all the worse because Mr. Lyon was the acting chairman and had the ability to direct the discussion and the outcome of the vote.”
In response, David Lyon said, “SmithGroupJJR has well over 1,000 employees and many clients. I have not ever done any projects for ASU, and I am not particularly aware of projects that SmithGroup might have for ASU. “
Lyons also claimed that his vote was based on facts and city regulations alone.
If a second appeal is rejected, Healing Health Care 3 will move forward to Maricopa County Superior Court for additional attempts.