A lawsuit has been filed against the city of Chicago, contesting the approval of a cannabis dispensary in the Streeterville neighborhood. The legal complaint argues that the store, G.P. Green House, operating as Guaranteed Dispensary, is located too close to a nearby school, violating city zoning laws.
The lawsuit was initiated by local resident Beth Padera and claims that the city’s Zoning Board of Appeals (ZBA) wrongly granted a special use permit for the dispensary at 620 N. Fairbanks Court. The city zoning administrator had previously recommended denying the application because the dispensary is slightly within 500 feet of Guidepost Montessori at Magnificent Mile, located at 226 E. Illinois St.
Although the administrator from the Montessori school communicated with the city, the ZBA found that the letter did not clearly state that the school provides a “state-mandated basic education,” which is necessary for zoning compliance. The ZBA noted that the absence of a representative from Guidepost at the hearing suggested a lack of serious concern about the matter.
In a significant twist, the city’s legal counsel concluded that the Montessori site indeed qualifies as a school, which should disqualify the dispensary from operating nearby. The lawsuit also highlights residents’ worries that the cannabis shop would lead to increased traffic congestion, particularly impacting emergency vehicles, such as ambulances, trying to reach Northwestern Memorial Hospital, located just a block away.
Despite these concerns, the ZBA decided that the absence of complaints from Northwestern indicated that traffic was not a significant issue for the hospital. The proposed dispensary site, located in a three-story building at Fairbanks and Ontario Street, was previously a restaurant. An attorney representing the dispensary, Jim Banks, argued that traffic from the new shop would likely be less problematic than the previous restaurant operations and noted that fears about cannabis shops increasing crime or lowering property values have been proven unfounded.
The lawsuit also claims that ZBA member and former Alderman Helen Shiller should have recused herself due to a conflict of interest, as her son, attorney Brendan Shiller, represented G.P. Green House in securing a conditional adult-use license from the state. However, Shiller maintained that there was no conflict since her son was not involved in the city permit process.
Opposing the permit, local Alderman Brian Hopkins raised concerns regarding traffic and parking issues, emphasizing that a nearby liquor store had to obtain special permission to operate due to its proximity to the school. Officials from the ZBA and G.P. Green House did not respond immediately to requests for comments regarding the lawsuit.
