News File Photo Alpena City Hall is seen in this 2018 News archive photo.

ALPENA — After twice receiving rejections for a special-use permit to open a marijuana store in Alpena, the owners of Meds Cafe will receive their needed go-ahead.

The Alpena Municipal Council voted four-to-one at a special meeting on Thursday to settle litigation against the city filed by the owners of Meds Cafe.

The deal got the OK in the 26th Circuit Court later in the day, when 88th District Court Judge Alan Curtis signed it on behalf of Circuit Judge Ed Black, who was absent Thursday.

Meds Cafe sued the city after the Alpena Planning Commission voted against the permit. Despite compliance with all of the required standards established in the zoning ordinance, the proposed store faced large opposition from residents who live in the neighborhood where the store hoped to open near the intersection of Campbell Street and Ripley Boulevard.

Alpena Mayor Matt Waligora said the council followed the recommendation of City Attorney Bill Pfeifer, who said Meds Cafe met the criteria needed for the permit.

“By the wording of the ordinance, we had no legal grounds to deny the permit, and we are legally bound by the ordinance,” Waligora said.

In March, the Planning Commission approved a special-use permit for Neighborhood Provisions to open a marijuana store on Washington Avenue, but public backlash about the proximity of the proposed Meds Cafe to a residential neighborhood resulted in the commission denying its permit with a six-to-one vote.

Litigation commenced, and, last month, the Planning Commission again reviewed Meds Cafe’s request. Dozens of people spoke out against the store at the commission’s meeting, sharing their concerns over how the store could change the aesthetics of the neighborhood.

At the end of the meeting, the commission again denied the permit, with a three-three vote failing to garner the majority needed for approval.

When the council signed off on the zoning ordinance that would regulate marijuana businesses, the council did not consider a buffer zone between stores and residential areas, city Councilman Danny Mitchell said. If it had, the Meds Cafe dispute wouldn’t be an issue, he said.

Mitchell said he voted against settling because the ordinance says the court would decide any appeal, and he felt a judge should rule on the matter, rather than the city cutting a deal.

Mitchell said he also didn’t support the settlement because it undercut the Planning Commission.

“I feel the council circumvented the Planning Commission and also set a precedent,” he said. “I think there are some members of council that, when they don’t like a decision by the Planning Commission, will simply circumvent it. Sometimes, to do the right thing, you have to fight litigation.”

Waligora, Mayor Pro Tempore Cindy Johnson, Councilman Mike Nowak, and Councilwoman Karol Walchak voted for the agreement, while Mitchell voted against it.