Marijuanaville owner Frank Berenyi has followed through on his pledge to pursue legal action against the city of Ellsworth. He filed a complaint in Hancock Superior Court earlier this month alleging the City Council's decision to deny his business license was "arbitrary" and "affected by errors of law."
The appeal, which was filed on Aug. 3, seeks a judicial review of the decision. The filing contends that the city failed to properly apply local ordinances and violated due process, among other claims, when it denied the cannabis dispensary application in April.
Marijuanaville — which was later rebranded as "M-Ville" during the licensing process — tried and failed two times earlier this year to obtain a license to operate at 71 Main St., the location of local medical cannabis shop Boss Lady Genetics owned by Robin Lawler.
Lawler is now back operating Boss Lady Genetics after the brief interlude during which Berenyi tried to purchase the store and the building. After Marijuanaville's license was denied a second time, she reassumed control of the business.
The city is aware of the filing and is reviewing the matter with legal counsel, said City Communications Director Amy Kenney in an email to The American. She declined to comment on the allegations contained in the filing as it is a pending legal matter.
Berenyi did not immediately respond to requests for comment from The American.
The complaint, which includes both Ellsworth MV, LLC and Berenyi as petitioners, references multiple incidents throughout the licensing process, mainly surrounding the April 20 meeting when the council voted to reject the license in a 4-3 vote.
During the meeting, an employee of Marijuanaville read an email she said was sent by Code Enforcement Officer Robert Grant in November 2025, before the licensing came to Council.
“You are able to sell the business, and it can still operate under someone else’s ownership," she read from part of the email.
The complaint asserts that the petitioners relied on "statements and conveyed assurances" that Marijuanaville would be allowed to operate at 71 Main St., prompting them to enter into a contract to purchase the property.
Then, the city took a "position inconsistent with its prior representations," the document states.
A cannabis establishment is not a permitted use at 71 Main St. under current zoning, but Boss Lady Genetics was allowed to operate there after receiving a conditional use approval. A municipal license was issued in error after the state had already licensed the operation, according to a memo from city staff.
Berenyi's complaint to the court also claims that the city violated due process, referring to an incident when Berenyi's attorney was muted while attending the meeting virtually and eventually removed altogether when he kept speaking after Council Chair Patrick Lyons said the public comment period had ended.
In two other counts, the complaint alleges that the Council "misinterpreted and/or misapplied the ordinances" and at least one councilor "had a financial conflict of interest and/or disqualifying bias related to the decision."
The complaint does not name the councilor(s) in question.
The filing concludes with the requests that the court vacate the April denial, remand the matter to the city for further proceedings, grant equitable relief and award petitioners their costs.
According to the court, Berenyi and Ellsworth MV are represented by Brian Condon of Winthrop. The city is represented by Jonathan Hunter of Rudman and Winchell.
On Aug. 5, a motion of withdrawal of counsel was filed, through the document is sealed to the public.
The question of Marijuanaville's license first came to the City Council in January when the decision was tabled to allow the city to update performance standards for medical cannabis stores. The business at 71 Main St. was allowed to operate under the existing license until its expiration in June.
In February, the license was denied in a 6-1 vote due to concerns over public health and meeting the city's then newly adopted cannabis establishment performance standards.
The decision followed an advisory issued by the state Office of Cannabis Policy warning of a patient who complained about an "adverse health reaction" from products purchased at Marijuanaville in Waterville. An ensuing investigation found unsafe levels of pesticides in multiple batches of concentrate from the cannabis chain.
Berenyi responded to those concerns at the April meeting, telling the Council he pulled the product upon being notified of the complaint. He said he purchased the product in question from a licensed distributor who also sells to other stores in Maine.
Berenyi also added that he had tested more of his products since the original complaint, and, in regard to the performance standard concerns, would have "no problem" changing his business storefront to comply.