On the matter of the OMB appeal that too is ridiculous.
The company knew from day one it had to apply to have those restrictions amended (Agricultural Value Added), something the company did not do until July of 2014 which in legal terms means, they accepted the fact the zoning they had informed investors about having, was in fact restricted but they made no representations to investors to that end. Even the current statement of litigation in the SEC filings twists the reality. The town was not retroactively changing the rules but simply, at the request of Health Canada, ensuring they had some say over where such facilities might be located so as not to disrupt other activities in the area, such as living in a home where the expectation of the home owner did not consider living next to a major production facility and all that it might entail (such as a canning plant or a medical mj facility). It was not until later when the company was boasting of the 1.3 million pounds, shipping internationally, being the biggest grow op in Canada that the town began to be concerned. What they were reading was not what was approved. The Value Added would have not allowed for that much processing (packaging, drying, sorting, shipping, storing) on that site. That site was not intended for a major operation. If Bill wanted to grow tomatoes and ship them out as tomatoes, in boxes or bushels, he could do that because he was not processing them into paste, sauces, condiments. That latter activities would have restricted the ability to do that. The former, just growing and shipping it out as it was harvested, would have no restrictions.
Look at it this way. I am having a party. I invite you to a party in my home. You have the invitation and then you go on social media and invite everyone along saying you are going to have the biggest party ever on that street. I rescind my invitation to you. You cry foul. That is what Bill did. The video's of welcoming the company to town, etc. etc. are fine, but that does not mean the company can operate as they see fit. What the town expected was a medical mj grow op, what they read and heard about was a major facility which was a far cry from what they understood. No one understood what it meant to be the world's largest grow op, there was no way to measure that term so using it caused no great concern. The bottom line, the company knew in 2013 it was going to have its activities restricted, and this fact was recognized when they applied for the amendment, which means they should have been informing investors all the way along that they had to apply to have the zoning amended and there is a chance they might not get it. Some investors, looking at previous attempts to have that particular site zoning amended and seeing it fail three previous times, might not have invested. But if you are being told you are approved, when you were but with restrictions, that is different.
