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City of Duluth launches 2nd suit against controversial head shop

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The city of Duluth is trying one more time to shutter the Last Place on Earth, the controversial, often-busted head shop in the city's downtown.

The Duluth News Tribune reports the city of will make its case during a hearing July 22 in District Court.

That afternoon, 6th Judicial District Chief Judge Shaun Floerke will take up the city’s request for a temporary injunction while the court considers the second nuisance suit Duluth has brought against the downtown head shop and its owner, Jim Carlson.

Duluth City Attorney Gunnar Johnson tells the paper the second suit will enable the city to present evidence that the shop illegally sold controlled substances marketed as “incense” to undercover officers. That evidence would have been inadmissible in the context of the previous nuisance suit the city filed last summer.

“Year after year, we’ve seen nothing but continued harassment. First the city came after our Rush incense. Then it was our nitrous oxide. After that it was our water pipes, and now this,” says Carlson, noting that his shop has never been found to be in violation of the law.

The second public nuisance notice was served on Carlson on May 7, giving him 30 days to meet with city officials to develop a plan on how to address concerns or to resolve the problems on his own.

The city’s first nuisance suit against Carlson is now before the Minnesota Court of Appeals, where a July 11 hearing is scheduled, according to the News Tribune.

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