Abel Maldonado Denies Any Agreement To Rent For Nipomo Marijuana Dispensary

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As an update to my last post on the Nipomo marijuana dispensary, I spoke again this afternoon with Mr. Brandon Gesicki, of the Abel Maldonado campaign.  Based on my discussion with Mr. Gesicki, I came away with the understanding that Mr. Maldonado has never favored or agreed renting to the individual, i.e., David Rosenthal (named in the application papers filed with the county) seeking to operate a marijuana dispensary in Nipomo.  Mr. Gesicki confirmed that Mr. Maldonado does have an ownership interest (along with other partners) in Tri-M; however, Mr. Gesicki speaks only on behalf of Mr. Maldonado, and not Tri-M.  Mr. Maldonado is a silent partner in the organization.  And, it is Mr. Maldonado’s position that when Mr. Rosenthal first approached the Tri-M partnership about renting the building for a marijuana dispensary, the Tri-M partnership told him no.   They further told Mr. Rosenthal that they would not sell him the subject property so that he could use it as a marijuana facility. 

Mr. Gesicki represented to me that Mr. Rosenthal was never authorized or told he would be able to rent the subject property and operate a marijuana dispensary from that building. I pointed out to Mr. Gesicki that Kirby Gordon, Esq., a local attorney who represents Tri-M–the owner of the subject building, has filed a written application with the County of San Luis Obispo, as of 10/5/11 representing to county officials that in fact Tri-M was going to rent to the subject building to Mr. Rosenthal. I further pointed out to Mr. Gesicki that Tri-M represented to the county, through Mr. Kirby Gordon, that Tri-M knew at the time the application was filed that the building would be used as a marijuana dispensary in Nipomo.  The application appears to be signed by Kirby Gordon, who holds himself out as an authorized agent of Tri-M.  Mr. Gordon is also an attorney, licensed to practice law in the State of California.

I explained to Mr. Gesicki that Mr. Maldonado’s position that Tri-M never approved the building’s use as a marijuana clinic is directly in conflict with the representations made by Mr. Gordon in the application for a minor use permit filed with the County of San Luis Obispo. I also pointed that Mr. Gordon’s signature is just below a clause which states:

LEGAL DECLARATION:
I the record owner of this property have completed this form accurately and declare that all statement here are true. I do hereby grant official representatives of the county authorization to inspect the subject property.

This particular declaration by Mr. Gordon appears to be in direct conflict with Mr. Maldonado’s position about the approval of and use of the building as a marijuana dispensary.  I informed Mr. Gesicki that the SCAC was meeting during their regularly scheduled time next Monday evening, where the subject project would be discussed, as a project officially on the county’s books as a legitimate project and is moving forward through the planning process, of which this meeting next Monday is but one small part.

I requested any written documentation that would support Mr. Maldonado’s, position, and that if provided that I would post it on the Internet. I also requested any written documentation that would suggest Mr. Gordon was not authorized to make representations on behalf of Tri-M.

I have called Mr. Gordon’s office,  in Pismo Beach, left a message, sent him an email and a fax; however, he has not contacted me.  Of course, I have no idea what was or was not discussed in any negotiations between Tri-M and Mr. Rosenthal.  I have no idea what involvement Mr. Maldonado had in the decision making process, other than Mr. Gesicki’s representation that Mr. Maldonado never agreed to having the subject building used as a marijuana dispensary, and is currently opposed to such a use.

I don’t know what representatives, if any will be attending the next SCAC meeting, or whether there will even be a project still in process at that time.  My hope is that there is not.  As I obtain further information, I will make it available online here.

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