Legal Opinion
Pharmacann Penn, LLC v. BV Dev. Superstition RR, LLC
District Court, E.D. Pennsylvania
Decided March 14, 2018No. CIVIL ACTION NO. 17–4625Published
1Opinion of the Court
Pratter, United States District Judge
INTRODUCTION
The deed to a property at a shopping center prohibits using the property as a drug store or for any "unlawful" purpose. PharmaCann Penn, the new owner of the property, sued in state court, seeking a declaratory judgment that it may open a medical marijuana dispensary on the property despite these deed restrictions.
The defendants (PharmaCann's predecessors in interest and the partnership entities that operate the shopping center) removed the case to federal court. PharmaCann then moved to remand, challenging the defendants' assertion of federal…
2Cases cited19 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Middlesex County Ethics Committee v. Garden State Bar Ass'nSupreme Court of the United States · 1982
- Gunn v. MintonSupreme Court of the United States · 2013
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
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