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Mendocino Man Sues Ex-Tenants Over Pot

 
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Lilli
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PostPosted: Tue Sep 21, 2004 9:26 pm    Post subject: Mendocino Man Sues Ex-Tenants Over Pot Reply with quote

Quote:
Mendocino Man Sues Ex-Tenants Over Pot
Posted by CN Staff on September 21, 2004 at 11:47:10 PT
By Mike Geniella, The Press Democrat
Source: Press Democrat

A Redwood Valley man is suing his former marijuana-growing tenants, alleging that noxious odors from their ripening pot plants created a public nuisance.
In a civil lawsuit that's believed to be the first of its kind, James Kerr contended that the odors from dozens of maturing marijuana plants were "offensive to the senses," and interfered with his "enjoyment of life and property."

Kerr's lawsuit, filed in Mendocino County Superior Court, is the latest episode in a controversy over the proliferation of Mendocino County marijuana gardens that are being cultivated for alleged medicinal purposes.

More than 1,300 people, including Kerr's former tenants, are carrying cards issued by Sheriff Tony Craver that allow them to grow the stinky plant for medicinal purposes.

As the local marijuana harvest draws to a close, the smell of ripening plants wafting across the county has some irritated residents' holding their noses.

Last week, the county's air pollution control officer said his office is receiving a growing number of complaints about the powerful herbal odors coming from their neighbors' legally sanctioned marijuana gardens.

About a dozen odor complaints have been made so far this marijuana-growing season, double what was reported last year.

Kerr said Monday that tenants Nancy and James Matthews moved out a few weeks ago after harvesting their marijuana crop, avoiding a scheduled court hearing on an eviction notice he had filed.

Kerr said he originally gave the Matthewses permission to grow medical marijuana indoors in a shed between his own residence and his rental property.

"I was told they were going to grow a few plants because he had some kind of medical problem," he said.

But as the pot-growing season progressed, Kerr said he was overwhelmed by the number of plants - he estimated at least 100 - and the aroma that became increasingly pungent as the plants matured.

The basis of Kerr's lawsuit is the contention that the pot odors created a public nuisance. Among definitions in the state's Civil Code, a nuisance can be "indecent or offensive to the senses."

Kerr is seeking unspecified damages against the Matthewses.

Tim Morrison, the Matthewses' attorney, said Monday that Kerr's complaints have been made moot by the harvest of the pot crop and his clients' move. Kerr, however, said he will continue to press his lawsuit against his former tenants.

He said if enough concerned residents filed similar suits and obtained judgments against medical marijuana growers, they would "soon learn that they have to pay a price for being insensitive and disrespectful of their neighbors."

Note: Lawsuit by Redwood Valley landlord believed to be first of its kind.

Source: Press Democrat, The (CA)
Author: Mike Geniella, The Press Democrat
Published: Tuesday, September 21, 2004
Copyright: 2004 The Press Democrat
Contact: letters@pressdemo.com
Website: http://www.pressdemo.com/

Related Articles:

Man Fighting Neighbors' Marijuana Stench
http://cannabisnews.com/news/thread19517.shtml

Pot Growers Need To Be Sensitive
http://cannabisnews.com/news/thread19497.shtml

Pungent Pot Causing Stink in Mendocino County
http://cannabisnews.com/news/thread19492.shtml

Pot Odors Wafting in Valley
http://cannabisnews.com/news/thread19470.shtml

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Ferre
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PostPosted: Wed Sep 22, 2004 12:15 am    Post subject: Reply with quote

So they have a special smell, big deal, so have roses and a lot of other plants, there's a jasmin tree on the corner of where I live and that smells very intense and I personally love it all. Do you really think he can win a lawsuit with such a ridiculous claim? I gues there are numerous other plants that have a special smell as well, lol, this dude sounds as if he should move out of nature and go live in some concrete town without anything natural he can accidently smell. Laughing
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Lilli
Cannabis Sacrament Minister
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Joined: 12 Dec 2003
Posts: 3371

PostPosted: Wed Sep 22, 2004 1:03 am    Post subject: Reply with quote

Laughing I guess he prefers exhaust fumes and city polutions.
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Lord Help me to remember that nothing is going to happen to me today that YOU and I together cannot handle.
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