On September 8, Land Court held a "Hybrid Initial Case Management Conference" related to a cannabis retail case. The next case management meet was set for Sepember 23 but has now been moved out nearly three months to December 14. The case is known as 26 MISC 000403 Mui, Halona, et al. v. City of Malden, et al..
The recent rescheduling came along with a decision of the Court "that a case management conference is premature at this time because Plaintiffs will be filing a second amended complaint naming Beach House and Charles Street Realty Trust as parties. Accordingly, and for the sake of clarity and efficiency, the court sets a deadline of October 9, 2026, for Plaintiff to file the second amended complaint."
An earlier court docket entry synopsized background to the September 8 event: "DMS' request to eliminate a special condition of its Marijuana Special Permit, specifically a condition which prohibits transfer to another operator of the retail marijuana establishment. DMS seeks to transfer its Marijuana Special Permit to Beach House Cannabis LLC ("Beach House") at 36 Charles Street, Malden (the "Property")."
As MNN previously reported on September 9, Judge Diane Rubin spent part of the September 8 hearing asking whether other parties should be brought into the case — specifically Beach House Cannabis and the owner of 36 Charles Street. It looks like that is the path this case will now be taking.
At the September 8 court event, Judge Rubin asked directly whether 36 Charles Street was open for business yet. According to our reporter's notes — not a transcript, but confirmed with at least one other attendee — Attorney Roberto DeMarco, who has represented DMS Trinity for several years, told the Court a water leak had caused a delay, and estimated the property would open in two to three months.
It's unclear how or if this new development will effect the opening day of the retail marijuana establishment.
MNN covered some of the earlier details of business developmewnts with this anticipated cannabis retail establishment. Our article on February 11, 2025 wrote: "At a 3/19/24 meeting of the CLEC, there was discussion on DMS Trinity, as reflected in the minutes: “Company ownership structure has not changed. There is an option down the road for the financer to convert subject to the CLEC’s approval, there is an LOI in place. The demo permit has been applied for. They are planning to open for business September 1st.”
In August 2024, MNN inquired of Malden's Cannabis License Enforcement Commission (CLEC) about the status of DMS Trinity's cannabis retail establishment. We specifically sought information on an "LOI". The CLEC's Clerk responded: "We do not have the LOI referenced."
Part of our ongoing coverage
- Recent coverage of Misty Mountain Shop LLC v. City of Malden — read the first look at the lawsuit, the Fast Track assignment update, and the Court Moves Date Earlier, Not Later,
Prior Reporting
On June 11, MNN covered a Planning Board meeting.
On June 23, MNN wrote about the public hearing related to DMS Trinity's petition to "transfer the rights authorized by the special permit to a different entity at the property known as and numbered 36 Charles Street."
On June 26, MNN wrote about "What the Council's June 23 Vote Did — and Didn't Do."
Reasons and Notice on Delay
Misty Mountain Photos
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