While VetTheGov has secured several CORA request from the Town of Palisade there has been an apparent theme regarding marijuana as the new source of revenue for the city since they have such high administration cost to cover and to fund their progressive utopia building process. The problem the Town of Palisade finds itself currently is that in their rush to create revenue they have not thought through the violations of the Colorado Constitution and the Colorado Revised Statute (C.R.S.) of creating a monopoly situation for the owners of Colorado Alternative Healthcare/Palisade Apothecary.
C.R.S. 6-4-102. Legislative declaration
The general assembly hereby finds and determines that competition is fundamental to the free market system and that the unrestrained interaction of competitive forces will yield the best allocation of our economic resources, the lowest prices, the highest quality commodities and services, and the greatest material progress, while at the same time providing an environment conducive to the preservation of our democratic, political, and social institutions.
C.R.S. 6-4-105 Monopolization and attempt to monopolize
It is illegal for any person to monopolize, attempt to monopolize, or combine or conspire with any other person to monopolize any part of trade or commerce.
Town of Palisade adopted and refined codes that have allowed ONLY Colorado Alternative Healthcare to operate outside of the Legislative Declaration of a competitive free market system regarding competitive forces by minimizing medicinal operations within town limits to a single entity. But what's most compelling in this monopoly State law violation are found in emails, board meetings, planning sessions, meetings with the town manager, and the owners of Colorado Alternative Healthcare prior to conditional permits being awarded to just one business. If your business is making bank on the monopolization town ordinance, it only makes sense that you would protect the nest egg!
C.R.S. 31-15-103 states the following:
Municipalities shall have power to make and publish ordinances not inconsistent with the laws of this state, from time to time, for carrying into effect or discharging the powers and duties conferred by this title which are necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, order, comfort, and convenience of such municipality and the inhabitants thereof not inconsistent with the laws of this state.
Therefore the Town of Palisade is in direct conflict with a State Statute and the Colorado Constitution since a town ordinance can never ever conflict with a State law. Town of Palisade Ordinance 2014-14 is in violation of State law and must be challenged for that cause. Free market competition must be allowed and not restricted in the Town of Palisade. Colorado Alternative Healthcare along with the Town of Palisade must be investigated for criminal activity immediately by the Attorney General's office for manipulating town ordinances and votes for monopolized gain by both entities!
6-4-117. Enforcement - criminal proceedings
(1) The attorney general shall prosecute all criminal proceedings for violations of this article, whether by indictment or direct information filed in the appropriate district court.
(2) Any natural person who violates section 6-4-104, 6-4-105, or 6-4-106 commits a class 5 felony and shall be punished as provided in section 18-1.3-401, C.R.S.
(3) Any person, other than a natural person and a governmental or public entity, that violates section 6-4-104, 6-4-105, or 6-4-106 is guilty of a felony and, upon conviction thereof, shall be punished by a fine of not more than one million dollars.
6-4-114. Enforcement - civil damages
(1) Any person injured in its business or property by reason of any violation of this article may sue therefore and, if successful, shall recover any actual damages sustained by such person. If the violation alleged and proved is determined by the court to be a per se violation of this article, such person may recover three times the actual damages sustained by such person.
(2) In any action brought pursuant to this section, the court, in its discretion, may award the prevailing party its expert fees, the costs of the action, and reasonable attorney fees.
(3) No damages, costs, expert fees, costs of investigation, civil penalties, or attorney fees may be recovered from a governmental or public entity, or from any official, agent, or employee thereof acting in an official capacity, or from any person based on any official action directed by such governmental or public entity.
Stay tuned as VetTheGov will be filing papers and evidence in District Court along with copies to the Attorney General's office demanding action be taken to investigate and remove the restrictive non-competitive language found in the Town of Palisade's illegal ordinance and the manipulation behind closed doors!