Niles housing agency’s medical marijuana eviction suit refiled

By LOU MUMFORD, Tribune Staff Writer

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Steve Allain of Niles mists his medical marijuana plants, which he has permission to grow to treat his Hep. C, Chron's disease, and depression. (Tribune Photo/BARBARA ALLISON)

Steve Allain of Niles mists his medical marijuana plants, which he has permission to grow to treat his Hep. C, Chron's disease, and depression. (Tribune Photo/BARBARA ALLISON)

By WSBT News1

Story Created: Sep 9, 2009 at 10:15 AM EST

Story Updated: Sep 9, 2009 at 11:03 AM EST

NILES — Steve Allain’s sigh of relief was a brief one.

The Niles man who’s growing marijuana in his federally subsidized home under the Michigan Medical Marijuana Act is once again facing eviction.

It was just last week that attorneys for Allain and the Niles Housing Commission confirmed the commission’s lawsuit to evict Allain would be dismissed. The action included a caveat, however, with Michael Bell, the commission’s attorney, pointing out the dismissal would be without prejudice, meaning it could be refiled at a later date.

That date turned out to be Tuesday. Bell said Wednesday he has refiled in Berrien County Trial Court the commission’s motion to evict Allain, calling the new action "a belt-and-suspenders way to deal with some of the procedural defenses Steve (Allain) raised.’’

Bell said the commission wants the court to rule on those issues, including an argument that the notice Allain received of his eviction was improper, in order to cut to the heart of the matter: Whether state or federal law takes precedence.

"That’s the issue we need the court to decide,’’ he said.

Bell said Allain, as he did with the initial eviction motion, would still be able to receive a jury trial.

"Nothing would be different than the last scenario,’’ he said. "The dismissal and refiling have nothing to do with the dismissal of the (initial) case and the Niles Housing Commission’s ability to pursue the matter.’’

Mary Ann Bush, the executive director of the Housing Commission, said only that the suit had been refiled, referring to the dismissal and refiling as "a procedural thing.’’

Attempts to contact Allain were unsuccessful. His attorney, Daniel Grow, said he preferred to withhold comment.

"We’ll wait and see what develops,’’ he said.

Allain and his teenage son reside in one of Niles’ 50 scattered public-housing sites, which are subject to rules and regulations set down by the U. S. Department of Housing and Urban Development. Bush said earlier she sympathized with Allain, who has stated he suffers from Crohn’s disease, hepatitis C and acute depression, but a check with HUD revealed it has a "zero tolerance’’ policy regarding marijuana.

Bell said no dates have yet been set to hear the commission’s case.

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