A Summit County Court of Common Pleas judge, Christine Croce, ruled on 3 November 2026 that Akron City Council’s grant of a conditional use permit to Firelands Scientific was illegal and arbitrary, and voided the permit.[1] The permit was for a dispensary called The Landing in a former CVS Pharmacy at 1140 W. Portage Trail in Merriman Valley.[2]
Council had approved the conditional use permit 7-5 at a special meeting on 29 January 2026.[1] Five council members voted no; one was absent.[1] Crossings Development Limited Partnership sued Akron City Council, arguing the permit broke the zoning rule barring marijuana facilities within one mile of each other.[1] The court agreed, noting there are two marijuana cultivation sites within a mile of the old CVS.[1]
The court said the city had not put its comprehensive plan or master plan in the record, so it could not decide whether Crossings’ argument on harmony with the plan had merit.[1] On whether a dispensary would fit the area’s character, the court relied on largely negative testimony from residents.[2] Residents of the Waters Edge Condominiums behind the building raised traffic concerns, as did objections over nearby daycares and homes and falling property values.[1] The court wrote that the city called the conditional use process not “a popularity contest” and mostly dismissed residents’ concerns.[1]
It was not immediately clear whether the city would appeal.[2] Firelands had earlier abandoned a plan for a dispensary in Highland Square after neighbours objected to that site.[1] A Firelands representative did not respond to a request for comment.[1]
