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Saint Peter’s University ended its opposition against a nearby cannabis dispensary by withdrawing a lawsuit that sought to block it from opening, clearing the dispensary of a legal battle it had faced for two years.
The Jersey City school had sued Xena, formerly known as Medusa, arguing that the dispensary, located at 759A Bergen Ave., violated a requirement for it to be at least 200 feet from school property, stretch the definition of “school” under state statutes.
The term “school” traditionally refers to K-12 schools under such laws; and the Saint Peter’s property in question is a dormitory building.
But the university withdrew the lawsuit without explanation Friday, nearly two years after it was filed, according to court filings. Xena owner Haytham Elgawly said Monday that there was no settlement in the litigation.
“I’m happy (the university) came to the right conclusion and they’re letting the small business prosper.” Elgawly said. “A recreational cannabis dispensary should be looked at the same way as bars and liquor stores as opposed to an entity that’s going to cause harm in the neighborhood.”
The university, particularly under the leadership of former President Eugene Cornacchia, was vocal in its opposition against Xena since 2022, saying it had concerns over the impact of crowd control and security for students in their residence halls.
The lawsuit also made the unfounded and absurd argument that federal funding for the school could be pulled if cannabis was sold near the school, since it is still illegal under federal law.
The lawsuit alleged that Xena is 65 feet away from the university’s Panepinto Hall dormitory, but that the city’s planning board used a different map instead of a proper one that includes colleges or universities when approving it. The planning board was also named as a defendant in the lawsuit.
Cornacchia had also wrote in a column a month before the suit was filed that Xena, without mentioning it by name, would “seriously hurt our ability to recruit students when parents see such an establishment virtually next door to where their child will live.”
Elgawly said the litigation cost Xena time and money “that we didn’t need to spend,” as well as hindering fundraising. But now the store’s construction is almost done, with an opening expected in September or early October.
Responding to the university’s criticism that Xena is too close to its dormitory, Elgawly pointed toward the nearby McGinley Square Pub across the street, saying “what’s the difference?”
“These are adults,” Elgawly said. “They’re going to be able to purchase it, whether it’s going to be on their phone like UberEats or go to a block away.”
Xena is hoping to soon join Jersey City’s burgeoning cannabis scene, which currently has the most dispensaries in the Garden State at 10. Uforia, located in the Heights near Central Avenue, is planning to open in mid-late August as the city’s 11th dispensary.
Cornacchia retired as the university’s president at the end of the 2023-24 school year in June and was succeeded by current president Hubert Benitez. An attorney and a spokeswoman for the university did not respond to a request for comment on why the lawsuit was withdrawn.