Watch CBS News

Court: Neighbors Can Sue Pot Grower For Stinky Smells

DENVER (AP) — 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.

RELATED STORIES: Marijuana Legalization Story Archive

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.

(© Copyright 2017 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed.)

View CBS News In
CBS News App Open
Chrome Safari Continue
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.