Theodore C.

Flowers
Direct (267) 627-2044
ted@moriconiflowers.com
Also Admitted in New Jersey

February 18, 2022

VIA E-MAIL ONLY VIA E-MAIL ONLY

(SEAN@SKILKENNYLAW.COM) (jinnelli@innellilaw.com)
Sean P. Kilkenny, Esquire John Innelli, Esquire
Kilkenny Law, LLC Innelli Law, LLC
519 Swede Street 1818 Market St., Ste. 3100a
Norristown, PA 19401 Philadelphia, PA 19103

Re: Restore Integrative Wellness Center, LLC

Yeadon Medical Marijuana Dispensary
735 Church Lane, Yeadon, PA

Dear Counsel:

This office represents the owners of Restore Integrative Wellness Center, LLC (“Restore
IWC”) with regard to its Medical Marijuana Dispensary site located at 735 Church Lane,
Yeadon, PA. I cannot determine whether Mr. Kilkenny, Mr. Innelli, or both of you represent the
Borough of Yeadon, since both of you have been on emails regarding the zoning process Restore
IWC underwent in all caution I am addressing this missive jointly to your attention.

I write in clear confusion as to what process, law, or semblance of reason the Borough of
Yeadon has followed with regard to my client’s above referenced project. Specifically, late
Wednesday afternoon I received an email from Attorney Carl Ewald, counsel for certain
Borough residents regarding a hearing which was held in January regarding this project. As a
result of the hearing, the attached Memorandum was allegedly entered. As there is no Order
attached, nor any signature, I am not certain its impact or value. Further, neither Restore IWC
nor my firm have received any notification from the Borough regarding this Memorandum. More
importantly, Restore IWC never received notice of a hearing referenced in the attached
Memorandum. Thus, aside from the fact the untimely zoning challenge was made almost a year
after Restore IWC had received the requisite zoning approval, and a hearing was scheduled 15
months after the Borough provided it written zoning approval, it is materially defective on its
face and unenforceable. Provide me with me unaltered proof of any hearing notice being sent to

2 Penn Center, 1500 JFK Blvd., Ste. 630, Philadelphia, PA 19102, Tel (215) 277-1410 Fax (215) 277-1752

www.moriconiflowers.com
Sean Kilkenny Esquire
John Innelli, Esquire
Restore IWC

February 18, 2022

Restore IWC and timely published as required by law, including the proper attestation to same,
immediately.

To be brief, the following summarizes the indisputable relevant events:

• On August 21, 2020, on behalf of Restore IWC, I sent a letter to Rufus

Stokes, Zoning Officer for the Borough expressing interest in opening a
medical marijuana dispensary at 735 Church Lane (see attached);
• On or about September 8, 2020, Restore IWC entered into an Agreement of
Sale for the property, a former Citizens Bank, contingent upon receipt of
zoning approvals from the Borough and additional regulatory approvals from
the Pennsylvania Department of Health;
• On November 24, 2020, Mr. Stokes provided Restore IWC written formal
zoning approval to operate a medical marijuana dispensary at 735 Church
Lane (see attached);
• On February 3, 2021, Restore IWC followed Pennsylvania Department of
Health regulations and submitted a formal application to the Department
seeking approval to locate a medical marijuana dispensary at 735 Church
Lane, including in part the Borough’s November 2020 Zoning Approval;
• On March 25, 2021, Restore IWC received approval from the Pennsylvania
Department of Health to operate a medical marijuana dispensary at 735
Church Lane;
• In or about April 2021, Restore IWC completed the purchase of the former
Citizens Bank located at 735 Church Lane – the purchase price was $720,000;
• Immediately thereafter Restore IWC began construction, working with the
Borough on all licensing and building permits;
• Construction and initial operating costs exceeded $2 Million, including a
complete overall of all operating systems, installation of state mandated
sophisticated security systems, and interior and exterior finishes which turned
the property into a state-of-the-art facility; and
• Restore IWC was provided a Certificate of Occupancy for the facility by the
Borough on February 2, 2022.

During the entirety of this process Borough personnel were aware of Restore IWC’s efforts and
allowed the company to incur significant costs without comment. Indeed, the Borough allowed
Restore IWC use of the Borough Hall for Restore IWC’s job fair held in December 2021,
Restore IWC hired 30 Borough residents who have completed training and are employed at a
minimum hourly salary of $17/hr. These 30 jobs are now in jeopardy.

2 Penn Center, 1500 JFK Blvd., Ste. 630, Philadelphia, PA 19102, Tel (215) 277-1410 Fax (215) 277-1752

www.moriconiflowers.com
Sean Kilkenny Esquire
John Innelli, Esquire
Restore IWC

February 18, 2022

Based on the above, each and every action taken by Restore IWC to open this dispensary,
at a cost of millions of dollars to the company, was solely predicated upon the November 2020
Zoning Approval granted by the Borough. Restore IWC intends to seek full reimbursement from
the Borough for these costs as well as future lost revenue, which will easily exceed $10 Million.

Finally, certain representatives of the Borough have made defamatory statements about
Restore IWC’s zoning approval process, going so far as to suggest payments and/or promises of
payments to Borough officials were made by Restore IWC to secure the zoning. This is patently
false, and actionable, and if they continue the individuals making the statements, and the
Borough itself, will have additional claims to defend. If anything, the Borough’s failure to notify
Restore IWC of a hearing which had a direct impact on it and the baseless allegations made by
certain elected Borough officials is further indicia of what those officials improperly conspired to
accomplish.

In summary, the Borough and its legal representatives followed no legislated

Commonwealth protocols, no legally accepted practices, and acted contrary to its own written
procedures in setting aside properly granted zoning to Restore IWC in 2020. Instead, it cowed to
baseless allegations and threats, abandoning all reason in reaching an absurd conclusion devoid
of legal merit. These actions alone are troubling, but when this deference to coercion causes
multi-million dollar direct harm, as the Borough’s actions threaten to cause Restore IWC, they
will not stand. The clear conflict of interest in having the sitting Borough Council President with
direct oversight over the zoning board as the principal proponent of the meritless zoning
challenge is quite elling.

Please provide me with the requested, unaltered, hearing materials immediately and
include a proper chain of custody log for their handling and an explanation as to how the
Borough expects to compensate Restore IWC for the harm it is attempting to inflict.

Very truly yours,

/s/Theodore C. Flowers

Theodore C. Flowers
TCF/
Attachment (3)
cc: Rufus Stokes CFEI/EMC/FM (via e-mail only)
Carl Ewald, Esquire (via e-mail only)

2 Penn Center, 1500 JFK Blvd., Ste. 630, Philadelphia, PA 19102, Tel (215) 277-1410 Fax (215) 277-1752

www.moriconiflowers.com