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NEW YORK STATE OFFICE OF CANNABIS MANAGEMENT’S REPLY TO DEFENDANT’S RESPONSE TO ORDER TO SHOW CAUSE
The New York State Office of Cannabis Management (“OCM”) submits this reply to Defendant Town of Southampton’s (“Town”) response concerning Mottz Only Authentic N.Y. Style LLC dba Mottz Green Grocer v. Town of Southampton et al., Index (No. 623638/2025) (“Mottz”).
First, contrary to the Town’s claim, Town Code § 303-162.26(K) was rendered invalid by Mottz, as the court there held the entire special exception use permitting process for non-medical cannabis dispensaries (“dispensaries”) to be preempted, in addition to 11 of 17 individual special conditions listed in Town Code § 303-162.26.1 The New York State Office of Cannabis Management (“CCB”) similarly held the special exception use permitting process and individual special conditions for dispensaries to be invalid.2 ECF 13-4
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