“We asked the license to not be issued until the matter is resolved,” Nolan said. “There is an ongoing lawsuit. We’re asking the judge to see they (Medical Marijuana Commission) follow their own rules and regulations … If they followed the rules we would’ve received it. We were ranked the next highest scoring applicant.”

In the appeal, Nolan’s attorneys point out that the commission “did not offer the opportunity to pay the licensing fee and post the performance bond in according with Section V.10 to the next highest scoring applicant (Storm) from the applications held in reserve for the zone where the commission has determined a need for the license.”