ASBURY PARK — After more than three years of trying to open a medical marijuana dispensary, Breakwater Treatment and Wellness will continue its lawsuit against the city after a federal judge ruled the zoning board’s unanimous rejection of the project was valid.
U.S. District Court Judge Michael A. Shipp dismissed the lawsuit on April 10, ruling that Breakwater had received a fair hearing and it hadn’t provided enough evidence to show city officials had conspired with a potential competitor to stop the project.
Asbury Park litigation attorney Mark Semeraro said the city was “confident with our defenses and we believe the court’s dismissal was proper.” But Shipp left the door open for an amended complaint, and Breakwater attorney Stephen Edelstein said the company plans to file one by the May 10 deadline.
