Court: Neighbors can sue pot grower for stinky smells

The 10th U.S. Circuit Court of Appeals ruling revives a lawsuit between a southern Colorado horse farm and a neighboring marijuana company.

Associated Press

Jun. 07, 2017, 2:57 p.m.

A pot farm’s neighbor can sue them for smells and other nuisances that could harm their property values. That’s according to a federal appeals court in Denver.

The 10th U.S. Circuit Court of Appeals ruling Wednesday revives a lawsuit between a southern Colorado horse farm and a neighboring marijuana company.

The horse farm’s owners sued in 2015, claiming that the pot-growing warehouse would diminish their land’s value by emitting bad odors and attracting unsavory visitors. A federal district court dismissed the 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 horse farm can’t argue that federal drug law pre-empts Colorado from allowing the pot warehouse in the first place.

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