Court: Neighbors can sue pot grower for stinky smells
Source: Associated Press
Kristen Wyatt, Associated Press
Updated 4:48 pm, Wednesday, June 7, 2017
DENVER (AP) A pot farm's neighbor can sue them for smells and other nuisances that could harm their property values, a federal appeals court ruled Wednesday.
The 10th U.S. Circuit Court of Appeals ruling revives a lawsuit between a Colorado horse farm and a neighboring marijuana-growing warehouse.
The horse farm's owners, the Reillys, sued in 2015, claiming that the pot-growing warehouse would diminish their land's value by emitting "noxious odors" and attracting unsavory visitors. A federal district court dismissed the Reillys' claim, and the pot warehouse opened in 2016.
The horse farm owners appealed, and a three-judge appeals panel agreed Wednesday that their claims should be heard. But the judges said the Reillys can't sue Colorado to force the state to enforce federal drug law and not allow the pot warehouse in the first place.
Read more: http://www.chron.com/news/crime/article/Court-Neighbors-can-sue-pot-grower-for-stinky-11203389.php
Lebam in LA
(1,345 posts)Are you frigging kidding?
I'd much rather smell pot than horse crap
jayfish
(10,039 posts)Everything I smell these days smells like skunk. From the cheapest rag-weed to the most expensive whatever. Skunks smell that way for a reason. It's not pleasant.
RobinA
(9,894 posts)As a former partaker who hasn't been around the stuff for decades, I was at a concert not too long ago and smelled this smell that could only be described as skunk. I soon realized it was weed not smelling at all like the weed I remembered. I could get used to it, however.
Codeine
(25,586 posts)than weed. Weed is noxious and headachy.
MrModerate
(9,753 posts)elleng
(131,076 posts)Matthew28
(1,798 posts)pot and the people that wish to use it.
Republicans are very controlling...They just hate helping people...They'll go all day long attacking you and your freedoms.
Nevernose
(13,081 posts)Is that some weird term for "ranch" I'm unfamiliar with? What's the growing season like? How deep do you have to plant horses?
hardluck
(640 posts)That the stuff coming out the back of the horse aren't seeds...
obamanut2012
(26,111 posts)obamanut2012
(26,111 posts)It is nothing at all unusual.
freddyvh
(276 posts)we could sue here in the midwest after a hog or cattle lot moves in
ghostsinthemachine
(3,569 posts)Restaurant by my house for stinking up the neighborhood? Way worse, if you ask me. If I was to sell, no way a vegetarian would buy this property.
mahatmakanejeeves
(57,586 posts)By Amanda Becker
Monday, October 11, 2010
When Rogue States entered D.C.'s crowded field of hamburger joints last February, it didn't quite count on the reception it would receive.
In no time, staff at the powerful Steptoe & Johnson law firm next door started complaining about the smell. And they didn't stop there. Steptoe soon contacted the Boston Properties affiliate that manages the firm's offices on Connecticut Avenue. It called Mayor Adrian M. Fenty's office and that of D.C. Council member Jack Evans (D-Ward 2), and rang up the city's fire, health and consumer affairs departments, the latter of which issued one violation. ... Not satisfied with the steps taken by Rogue States and its landlord, Steptoe then filed suit.
....
Much of the trial testimony last week centered around a contentious tour of both Rogue States and Steptoe that was arranged on Sept. 8, when specialists were called in by both sides to evaluate whether cooking smells were indeed wafting into the law firm's offices and whether the source of such fumes was in fact Rogue States.
The specialist who serviced the new Smog-Hog exhaust system at the restaurant, Nelson Dilg, testified that during his tour "a blind man" could see the fumes were coming from a vent that connected to the House of Kabob. ... Dilg said his effort to determine the true source of the odor was undercut by the animosity of the meeting at Steptoe, with those present refusing to answer his questions unless they were deposed.
ghostsinthemachine
(3,569 posts)Got no problem with neighbors. I live in a county that is very open to becoming the Napa valley of pot. Lots of horse farms (and they are usually referred to that way as in "Blackstone Farms" . My closest neighbors are horse farmers, who also have a horsecentric B and B. Lots of vineyards and a LOT OF POT. greenhouses popping up everywhere. Almost unlimited grows, all legal. Mine is only about 20 plants, various strains. Not so much for profit but just something to keep everyone here at the farm happy, and healthy. We grow nut trees, fruit trees and are a working farm with three generations living here.
My last house was real close to 15 fast food and other restaurants. And right behind a supermarket. I grew pot there too and my neighbors, owners of an assisted living house, were constantly in my face about it. But they had an ordinance and I was in compliance. The guy had all of the city council come out, view my garden (and the neighbor on the other side's garden). They were taking photos and I decided it would be a good time to tend to my crop and photo them. It was noon and the aromas coming out of all those restaurants, was overwhelming. The area is known as a basin and they just hung in the air. Those aromas overwhelmed any pot smell, and all I talked with the council members, I told them how I had to live with that morning to night, every day of the year, not the two months of growing season. They did nothing. The ordinance(really a lack of an ordinance, where CA law supercedes) and my asshole neighbor finally shut up. He also found out that a few of his residents got pot from me (mostly free), so he hasn't hassled anyone for years, after being a giant asshole for years.
not fooled
(5,801 posts)people living near concentrated animal feeding operations? Many state govts seem to have been bought out by Big Ag to let those smell factories operate near other property owners who are harmed.
?
forgotmylogin
(7,530 posts)Sounds like optimal zoning to me.
Greensix1
(67 posts)Every week or so Foster Farms, in Livingston, CA burns wet chicken feathers and it stinks up the whole town. I can easily see thousands of lawsuits about the smell if the Supreme Court allows the generation of odors to be a legal reason to sue. Get ready Foster Farms, you're gonna get SUED!
ripcord
(5,501 posts)The odor is concentrated and then blown out into the outside air. The simple solution would be to require an good quality air filtration system like other businesses use. They are legitimate businesses now and the downside of that is being regulated.
Pathwalker
(6,598 posts)Someone had to say it.
Sunlei
(22,651 posts)want a few nips of that lush forage. Horses love MJ, not to much! they get very sleepy & quiet.
dembotoz
(16,826 posts)just because a neighbor is involved with pot production does not automatically make him a good guy.
Zo Zig
(600 posts)Can I sue a oil refinery due to it emissions? No, oh just a pot farm, got it.