Court: Neighbors Can Sue Pot Growers For Stinky Smells

Photo by Justin Cannabis. BY KRISTEN WYATT ASSOCIATED PRESS 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. The southern Colorado horse-vs-pot case is interesting because the horse farm owners are...



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