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.

AP_LOGO_02

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.

Weird times

Denverite is powered by you. In these weird times, the local vigilance, the local context, the local flavor — it’s powered through your donations. If you’d miss Denverite if it disappeared tomorrow, donate today.

You’re our superpower

Denverite supporters have made the decision to financially support local journalism that matters to you. Ready to tell your networks why? Sharing our “About” page with your own personal comments could really help us out.

You’re our superpower

Denverite members have made the decision to financially support local journalism that matters to you. Ready to tell your networks why? Sharing our “About” page with your own personal comments could really help us out.