Court: Neighbors can sue pot grower for stinky smells

National 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

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

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

    National News 05/14/2017

    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 stu...

  • Trump tabs Minnesota Justice Stras for federal appeals court

    Trump tabs Minnesota Justice Stras for federal appeals court

    National News 05/10/2017

    Minnesota Supreme Court Associate Justice David Stras, who was nominated by President Donald Trump to the 8th U.S. Circuit Court of Appeals on Monday, once clerked for U.S. Supreme Court Justice Clarence Thomas and believes in a limited role for the ...

  • Indiana high court: Immigration status inadmissible at trial

    Indiana high court: Immigration status inadmissible at trial

    National News 05/09/2017

    The immigration status of a Mexican native who is suing over lost wages in a workplace injury case should not be considered at trial because it can cause unfair prejudice, the Indiana Supreme Court has ruled. The state's high court reversed a lower c...

USCIS Issues Clarifying Guidance on NAFTA TN Status Eligibility for Economists

U.S. Citizenship and Immigration Services (USCIS) announced today that it is clarifying policy guidance (PDF, 71 KB) on the specific work activities its officers should consider when determining whether an individual qualifies for TN nonimmigrant status as an economist.

The North American Free Trade Agreement (NAFTA) TN nonimmigrant status allows qualified Canadian and Mexican citizens to temporarily enter the U.S. to engage in specific professional activities, including the occupation of economist. The agreement, however, does not define the term economist, resulting in inconsistent decisions on whether certain analysts and financial professionals qualify for TN status as economists.

TN nonimmigrant status is intended to allow a limited number of professionals and specialists to work temporarily in certain specifically identified occupations in the United States. This updated guidance provides USCIS officers with a specific definition of one such category – economists – allowing them to adjudicate applications in a way that complies with the intent of the agreement. This policy update clarifies that professional economists requesting TN status must engage primarily in activities consistent with the profession of an economist. Individuals who work primarily in other occupations related to the field of economics — such as financial analysts, marketing analysts, and market research analysts — are not eligible for classification as a TN economist.

Business News

Clayton, MO Federal Criminal Defense Attorney The Law Offices of John M. Lynch, LLC, provides strong representation for clients with federal criminal defense. >> read
DuPage IL worker's comp lawyers The law firm of Krol, Bongiorno & Given, Ltd. has been a leader in the field of workers’ compensation law in DuPage, Illinois. >> read