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Company sues Frelinghuysen Township over failed cannabis project

FRELINGHUYSEN TOWNSHIP, N.J. (Warren County) —A New Jersey company has filed a lawsuit in Warren County Superior Court alleging Frelinghuysen Township and others engaged in misconduct related to a real estate transaction tied to a proposed cannabis cultivation facility.

Fysen Holdings LLC, as assignee of One Faith Wellness LLC, filed the complaint April 16 in the Superior Court of New Jersey, Law Division, Warren County. The lawsuit names the township, the law firm Chiesa Shahinian & Giantomasi PC, and several attorneys as defendants.

According to the complaint, the company purchased a municipally owned property at 720 Route 94 in 2023 after being advised that municipal support was required to obtain a state cannabis license under New Jersey law.

The lawsuit alleges township representatives indicated that such support would be provided if the property was purchased and that the site was suitable for cannabis cultivation. The company further claims it was told the property was located in a zoning district where cannabis cultivation would be permitted as a conditional use.

After the purchase, the township issued a resolution of support for the project, according to the filing. However, the complaint states that the township later denied an extension of that resolution and that the township’s Land Use Board ultimately deemed the property to be in the NC Zone, where cannabis cultivation is not permitted.

Fysen Holdings alleges that without a valid resolution of support, it cannot obtain state approval to operate and therefore cannot use the property for its intended purpose.

The lawsuit further alleges the township’s actions, including rescinding support and changes related to zoning determinations, caused the company financial harm and prevented development of the project.

The lawsuit includes claims of breach of contract, breach of the implied covenant of good faith and fair dealing, fraud, promissory estoppel and legal malpractice. The company is seeking damages, rescission of the real estate contract and other relief.

The case remains pending, and the allegations have not been proven in court.

RNJ has reached out to the township attorney for comment but has not heard back.

Jay Edwards

Born and raised in Northwest NJ, Jay has a degree in Communications and has had a life-long interest in local radio and various styles of music. Jay has held numerous jobs over the years such as stunt car driver, bartender, voice-over artist, traffic reporter (award winning), NY Yankee maintenance crewmember and peanut farm worker. His hobbies include mountain climbing, snowmobiling, cooking, performing stand-up comedy and he is an avid squirrel watcher. Jay has been a guest on America’s Morning Headquarters,program on The Weather Channel, and was interviewed by Sam Champion.

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