Cannabis Grower's Neighbors Can Now Sue For 'Nuisance' Weed Smells

In Colorado, neighbors of a cannabis farmer are able to legally sue for the smell and various other “nuisances” that drop the value of their property a federal appeals court ruled on June 7. 

The 10th U.S. Circuit Court if Appeals ruling sets a legal precedent for the lawsuit started by a horse farm against a marijuana-cultivation farm next door, reports WHIO-TV. 

Everybody needs good neighbors

In 2015, the Reilly’s, who are the farm owners, filed a lawsuit against their weed-growing neighbor. The plaintiffs expressed their worry that the neighbors weed-growing warehouse would lower their assessed property value, with the emission of “noxious odors”, and by attracting “unsavory visitors.”

A Federal District Court didn’t agree with Reilly’s claims, so the cannabis warehouse had opened in 2016. The Reilly’s filed an appeal against the court’s dismissal. They had an appeals trial including three-judges to have their case be heard.

The judges had ruled the Reilly’s aren’t legally able to sue the state of Colorado to enforce federal prohibition on marijuana and ban the production of weed in the warehouse. The Horse v. Homegrown case is notable for the plaintiff’s legal reference to a 1970 federal law enforced to combat against organized crime.

The farm owners claimed that federal racketeering laws are interpreted as a collection of damages from the cannabis farm owner, despite Colorado State law’s legalization of cannabis.“The landowners have plausibly alleged at least one (racketeering) claim,” the judges wrote.

Racketeering ruse? 

Naysayers will always utilize the racketeering law to implode the industry they have competition with. This would enable private citizens that are against the marijuana industry, to seek legal means to destroy it. This can occur despite federal officials no longer shutting down/raiding local pot businesses, which is illegal by federal law.

A lawyer based in Washington, Brian Barnes, legally represented on behalf of the Reilly’s and the anti-marijuana “nonprofit” group Safe Streets Alliance, says,”This is a tremendous victory for opponents of the marijuana industry.”

The owners of the weed warehouse, thats also owned by a private cannabis company named Alternative Holistic healing, whom has yet to respond to our call for a comment. The case will go back to a federal district court that had previously ruled the case unfavorably.

The panel of appeals gave opponents of cannabis a defeat in one case. Judges ruled that a lower court was right to dismiss a claim from anti-weed groups of weed-hating sheriffs in the state of Oklahoma, Colorado and Nebraska.

The law enforcement in those states tried hard to have the federal court to scrap Colorado’s legalization law. Talk about losers! 

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Cannabis Grower's Neighbors Can Now Sue For 'Nuisance' Weed Smells Cannabis Grower's Neighbors Can Now Sue For 'Nuisance' Weed Smells Reviewed by Jamm Real on 10:00:00 Rating: 5
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