Colorado Neighbors File Lawsuit Over Cannabis Odor
[dropcap class=”kp-dropcap”]C[/dropcap]onnoisseurs have come to love the aromas of cannabis strains, but the often pungent plant is facing backlash in Colorado where it is now the center of a federal court case.
According to Mike and Phillis Windy Hope Reilly, Colorado homeowners and members of Safe Streets Alliance, the smell from a nearby cannabis farm has reduced their property values. The couple also claims that the operation is a noise pollutant, eye sore and target for crime.
The couple first filed a lawsuit against Alternative Holistic Healing, LLC (operating as Rocky Mountain Organics) in 2015, but it was dismissed. However, the lawsuit was reopened in 2017 by the 10th U.S Circuit Court of Appeals, and it is now being heard by a jury. And seeing as similar cases are being filed around the country the repercussions of this suit’s strategy, due to federal racketeering laws, could have far-reaching effects on the entire cannabis industry.
The Reilly family owns three lots in a Rye, Colorado development called The Meadows at Legacy Ranch, which contains, “approximately 105 acres of beautiful rolling pasture with sweeping mountain vistas that include views of Pike’s Peak,” according to official court documents. The Reillys do not actively live on the property, but often visit it on weekends to hike and ride horses with their children. Their claim is that the smell from Rocky Mountain Organics makes horseback riding less pleasant was a primary motivator for their lawsuit. The 10th U.S Circuit Court of Appeals favored the plaintiff, Safe Streets Alliance, in June 2017 based on the Racketeer Influenced and Corrupt Organizations Act.
Case proceedings began at 8 a.m. Monday, Oct. 29, in U.S. District Court’s Alfred A. Arraj Courthouse, under the auspices of Judge Robert E. Blackburn. The original lawsuit can be found in the following link, Safe Streets Alliance, et al., v. Alternative Holistic Healing, LLC, et al.
