COURT WATCH

Here We Go Again? Malden Sued Over Another Cannabis Permit

Every city councillor is named individually as a defendant in a new Land Court challenge to the 36 Charles Street special permit transfer — before the same judge who ruled against the City in Benevolent Botanicals
AI Modified label, per the EU's icon set for labelling AI-generated or AI-modified content
This article was drafted by a human reporter and assembled with AI assistance.1

Here we go again? Malden has rolled into another cannabis Land Court lawsuit. It looks to be the same judge, but this time the defendants are different — every single City Councillor is named individually, in addition to the City of Malden and DMS Trinity, LLC.

The case: "26 MISC 000403 Mui, Halona, et al. v. City of Malden, et al. RUBIN."2 Misty Mountain Shop LLC — a licensed marijuana retailer at 323 Commercial Street — and Halona Mui, an abutter to 36 Charles Street, filed suit on July 27, 2026, and amended the complaint on July 31 to add DMS Trinity, LLC as a defendant. Every member of the City Council is named individually as a defendant, alongside the City of Malden itself: Peg Crowe, Paul Condon, Amanda Linehan, Ryan O'Malley, Ari Taylor, Stephen Winslow, Chris Simonelli, Jadeane Sica, Michelle Luong, Karen Colón-Hayes, and Carey McDonald.

Massachusetts Trial Court public case docket for 26 MISC 000403, listing the City of Malden and each individual City Councillor as named defendants
Every member of the City Council is named individually as a defendant, in addition to the City itself.

The lawsuit challenges the City Council's June 23, 2026 vote to strip a non-transferability condition from DMS Trinity's special permit at 36 Charles Street and clear the way for a transfer to Beach House Cannabis, LLC. The complaint runs through ten counts — the permit chain was never recorded at the Registry of Deeds, the permit had already lapsed under the City's own one-year ordinance, the Host Community Agreement bars assignment, the transfer bypassed CLEC's competitive review, and more.3

This just does not seem appropriate. It doesn't smell appropriate. Um so I'm just going to recuse myself.

That's Councillor Ryan O'Malley, quoted in the complaint, explaining his recusal moments before the Council voted 10-0 to approve the transfer.3

36 Charles Street, Malden, showing the Trinity Naturals signage on the building where DMS Trinity's cannabis retail permit is located
36 Charles Street, the subject property.

The docket also confirms this case landed in front of the same judge, Hon. Diane R. Rubin, who ruled against the City in Benevolent Botanicals LLC v. City of Malden earlier this year — and it's been assigned to the Land Court's Fast Track.2

Exterior of Misty Mountain Shop at 323 Commercial Street, Malden
Misty Mountain Shop, 323 Commercial Street — one of the two plaintiffs, and a competing licensed marijuana retailer roughly half a mile away.

This is very much a first article, with a simple message: Huh? We've been sued — again? A fuller build of the complaint's ten counts, and the Exhibit A decision it's appealing, will follow.

You probably won't let us write this one for you, Malden — but the public has to ask why the City has been embroiled in so much litigation lately. Malden lost big to Benevolent Botanicals in Land Court this year, with the City hit with $18,568 in discovery sanctions on top of a ruling striking its cannabis zoning ordinance as unlawful.4 And in Middlesex Superior Court, the City settled a five-year fight with Tufts Construction for more than $1.2 million, paid out in installments through 2027.5

Court Filings
Notes
  1. AI disclosure: This article's reporting and analysis originated with a human reporter at Malden News Network, who supplied the source text and underlying court filings. AI assistance was used to organize, format, and help summarize portions of the underlying record into this published article, under human editorial review and control throughout. This notice is provided in the interest of transparency and in a manner consistent with Article 50(4) of the EU AI Act's disclosure obligations for AI-generated or AI-modified text on matters of public interest, using the EU's official 'AI Modified' labelling icon. More: https://digital-strategy.ec.europa.eu/en/policies/eu-icons-labelling-ai-generated-content ←
  2. Massachusetts Trial Court, Land Court Department, public case docket for 26 MISC 000403, Mui, Halona, et al. v. City of Malden, et al. RUBIN, accessed via masscourts.org. ←
  3. First Amended Complaint, Misty Mountain Shop LLC and Halona Mui v. City of Malden, et al., Land Court Civil Action No. 26 MISC 000403, filed July 31, 2026. ←
  4. Benevolent Botanicals LLC, et al. v. City of Malden, et al., Land Court No. 22 MISC 000076, Decision and sanctions order dated January 29, 2026; see also Boston Globe, Feb. 6, 2026, and Talking Joints Memo, Feb. 4, 2026. ←
  5. City of Malden settlement with Tufts Construction Inc., Middlesex Superior Court, signed March 2, 2026; reported by Malden Patch and Melrose Today, March 2026. ←
A disclosure: Partially AI-modified content: this article was drafted by Malden News Network and assembled/formatted with AI assistance from source documents including Land Court filings. Human editorial review and responsibility applied throughout. Disclosed under Article 50(4) of the EU AI Act.1