A 91原创 cannabis company that had a rezoning turned down by 91原创 Township council is now petitioning the B.C. courts to overturn that decision.

On Oct. 23, Township council debated a rezoning application to allow Flowerchild Research to set up a cannabis processing and testing facility in an industrial strata building in Gloucester Industrial Estates. After a few minutes of discussion, the council voted unanimously against allowing the rezoning.

The Flowerchild petition, filed in the B.C. Supreme Court in Vancouver on Nov. 9, is focused on the reasons councillors gave during their brief debate.

鈥淚t sounds like this one鈥檚 under litigation between the strata and the business in question,鈥� Councillor Misty vanPopta said.

She also asked whether there were insurance issues for the business if it was approved.

Coun. Barb Martens then said she understood that Township bylaws had already been involved with the site, and that Flowerchild had allegedly been operating without a license and proper zoning, and that the bylaw department had successfully dealt with that issue.

鈥淭he commentary was substantially incorrect or irrelevant,鈥� the petition filed by Flowerchild says.

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Flowerchild CEO Sheldon Lee Panrock has filed affidavits stating that there have never been lawsuits between his company and the building鈥檚 strata, and also that the company has insurance.

鈥淐annabis businesses such as that which the petitioner proposes have been legal for over five years and are insurable,鈥� the petition says.

The petition does acknowledge that there was a bylaw complaint against the company in July, when some cannabis was stored on the property. After being told by the Township to remove the cannabis, Flowerchild did so.

鈥淭here was never a ticket,鈥� the petition says.

Other complaints against the company were unfounded, it adds.

While there may be no lawsuits from the strata corporation, the petition does allege that 鈥淭here has been a consistent interference from the strata and the strata president but without valid reason.鈥�

The petition asks the court to overturn the council decision because it was made based on incorrect information, and because Panrock wasn鈥檛 given the opportunity to answer the case made against his business.

By turning down the rezoning, which has been in the works for months, the Township has cost Flowerchild, and Panrock personally, significant financial losses, the petition claims.

鈥淭he decision should be quashed and sent back to council to review, or the rezoning granted,鈥� says the petition.

None of the claims in the Flowerchild petition have been tested in court.

91原创 Township Mayor Eric Woodward confirmed that the council will be taking another look at the rezoning on Nov. 20, as he has moved to reconsider the motion.

鈥淚 will be recommending that council refer this application to a public hearing to re-confirm any and all information, and to accept additional submissions from the proponent and public,鈥� Woodward wrote to the 91原创 Advance Times.