Haaayy, LLC v. Department of Financial and Professional Regulation

Illinois Appellate Court
Civil Court
Cannabis Regulation and Tax Act
Citation
Case Number: 
2024 IL App (1st) 221833
Decision Date: 
Thursday, September 26, 2024
District: 
1st Dist.
Division/County: 
4th Div./Cook Co.
Holding: 
Affirmed.
Justice: 
LYLE

Plaintiff filed a complaint seeking declaratory and injunctive relief after the defendant found that the plaintiff did not qualify to participate in a lottery for cannabis dispensary licenses. Plaintiff argued that the defendant violated its constitutional rights when it limited the lottery solely to applicants with a perfect score on their application because only applicants that were majority-owned by military veterans could obtain a perfect score. The parties filed cross-motions for summary judgment and the circuit court granted judgment in favor of the defendant. Plaintiff appealed and the appellate court affirmed, finding that defendant did not unconstitutionally exclude plaintiff from the applicant lottery because the defendant did not act arbitrarily in the scoring of applications. (HOFFMAN and OCASIO, concurring)