Lawsuit over pot, property values could have broad impacts

[Eugene]

Source: Associated Press

Lawsuit over pot, property values could have broad impacts

Vulnerability to similar property value lawsuits is among the many risks facing marijuana businesses licensed by states

By KATHLEEN FOODY and THE ASSOCIATED PRESS | The Associated Press
PUBLISHED: October 28, 2018 at 12:00 pm | UPDATED: October 28, 2018 at 12:05 pm

DENVER — A federal trial in Colorado could have far-reaching effects on the United States’ budding marijuana industry if a jury sides with a couple who say having a cannabis business as a neighbor hurts their property’s value.

The trial set to begin Monday in Denver is the first time a jury will consider a lawsuit using federal anti-racketeering law to target cannabis companies. But the marijuana industry has closely watched the case since 2015, when attorneys with a Washington, D.C.-based firm first filed their sweeping complaint on behalf of Hope and Michael Reilly.

One of the couple’s lawyers, Brian Barnes, said the Reillys bought the southern Colorado land for its views of Pikes Peak and have since built a house on the rural property. They also hike and ride horses there.

But they claim “pungent, foul odors” from a neighboring indoor marijuana grow have hurt the property’s value and their ability to use and enjoy it.

-snip-

Read more: https://www.denverpost.com/2018/10/28/denver-marijuana-property-tax-lawsuit/

[TwistOneUp]

1. If the grower uses an exhaust filter, no smell.

I call BS on this. I used to grow. Get a big charcoal-activated filter and no more smell.

Even when there's a smell from growing, it is neither "pungent" nor 'foul", rather, it is a bit overly sweet. The growing smell is different than the smoking smell, which they can't do anything about, so that's probably why they're complaining about a grow op.

Sounds like the neighbors are dicks.

[getagrip_already]

2. will be hard to limit a ruling...

to just cannabis production. How many pig and poultry farms could be impacted by this ruling? Not to mention cattle ranchers and dairy farmers.

Some decisions can have unintended consequences.

[Mopar151]

3. "Right to Farm" is a real thing!

Nimbys love to look at farms, Despise having to smell them.