Court: Neighbors can sue pot grower for stinky smells

Practice Legal News

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.

The southern Colorado horse-vs-pot case is interesting because the horse farm owners are trying to use a 1970 federal law crafted to fight organized crime. The Reillys say that federal racketeering laws entitle them to collect damages from the pot farm, even though the pot farm is legal under state law.

"The landowners have plausibly alleged at least one (racketeering) claim," the judges wrote.

Pot opponents say the racketeering strategy gives them a possible tool to break an industry they oppose. It could give private citizens who oppose pot legalization a way to sue the industry out of business, even as federal officials have so far declined to shut down most pot businesses operating in violation of federal drug law.

"This is a tremendous victory for opponents of the marijuana industry," said Brian Barnes, a Washington-based lawyer who represents the Reillys on behalf of the anti-crime nonprofit group Safe Streets Alliance.

Owners of the pot warehouse, owned by a company called Alternative Holistic Healing, did not immediately return a call for comment Wednesday. An attorney representing them in the case could not be reached, either.

The case now goes to back to a federal district court that had earlier dismissed it.

The appeals panel handed pot opponents a defeat on another case Wednesday, however. The judges ruled that a lower court was right to dismiss a claim from a group of sheriffs in Colorado, Nebraska and Oklahoma, who had asked the federal court to block Colorado's pot law.

Related listings

  • High court ruling may give voter rights groups a strong tool

    High court ruling may give voter rights groups a strong tool

    Practice Legal News 05/24/2017

    The Supreme Court's ruling that two North Carolina congressional districts relied too heavily on race should give voting-rights advocates a potent tool to fight other electoral maps drawn to give Republicans an advantage in the state.The justices agr...

  • Finnish court releases Iraqi twins in IS-related killings

    Finnish court releases Iraqi twins in IS-related killings

    Practice Legal News 05/24/2017

    A Finnish court has thrown out charges against Iraqi twin brothers of taking part in Islamic State-related killings of at least 11 unarmed soldiers.The Pirkanmaa District Court says the two who were not identified, were set free on Wednesday.The cour...

  • Appeal in boy's burp arrest case relies on Gorsuch dissent

    Appeal in boy's burp arrest case relies on Gorsuch dissent

    Practice Legal News 05/17/2017

    One of Neil Gorsuch's sharpest dissents as an appeals court judge came just six months before he was nominated for the Supreme Court.That's when he sided with a New Mexico seventh-grader who was handcuffed and arrested after his teacher said the stud...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.