Ousted Cannabis Commission Chair Shannon O’Brien’s enchantment of a decide’s ruling that’s protecting her off the job has been denied.
Writing in response to a request by O’Brien to enchantment the December ruling by Superior Court Judge Debra Squires-Lee which decided State Treasurer Deb Goldberg has the authority to fireplace the pinnacle of the state’s marijuana regulatory physique, Appeals Court Associate Justice Rachel Hershfang stated the suspended-chair’s arguments didn’t meet the excessive bar required to overturn her colleague’s authorized determinations.
“My authority to overrule an interlocutory order of a trial court judge should ‘be exercised in a stinting manner with suitable respect for the principle that the exercise of judicial discretion circumscribes the scope of available relief,’” Hershfang wrote. “To succeed, then, the plaintiff’s petition and supporting materials must demonstrate that the judge’s order was the product of an error of law or an abuse of the judge’s discretion.”
O’Brien was unceremoniously faraway from her put up and her entry to the CCC’s techniques and properties abruptly severed final September with no quick clarification given and only a 12 months after she’d taken the helm on the CCC.
It was later revealed that Goldberg had taken motion in opposition to O’Brien in response to complaints of racism and office hostility from different commissioners and employees.
The CCC Chair denied these accusations and sued, arguing that her actions had been being mischaracterized and that Goldberg didn’t have trigger or authority to take away O’Brien. Squires-Lee dominated that, the truth is, the State Treasurer did have that authority, and the appeals court docket apparently discovered no flaw in her reasoning — or a minimum of not sufficient of 1 to grant an enchantment.
“The arguments presented in the plaintiff’s petition and supporting materials do not meet this high standard. My review of the record reveals no error of law or abuse of discretion in the motion judge’s ruling on the Supreme Judicial Court’s various decisions,” the appeals decide wrote. “To the extent that the plaintiff challenges the adequacy of the bases claimed for her removal, I echo the conclusion of the Superior Court judge.”
A spokesperson for O’Brien, a one-time candidate for governor and former state treasurer, stated she seems ahead to a listening to to be scheduled with Goldberg. That assembly had been postponed pending the outcomes of O’Brien’s enchantment.
“Chair O’Brien looks forward to the truth coming out of this hearing process. The legal efforts to date have been about ensuring that Chair O’Brien has the opportunity for an open and impartial hearing and an opportunity to defend her reputation,” O’Brien spokesperson, Joe Baerlein, instructed the Herald.