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Registered: 07/26/04
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$1,610 awarded over pot stench
    #4247805 - 06/02/05 01:59 PM (12 years, 11 months ago)

$1,610 awarded over pot stench
June 2, 2005 - ukiahdailyjournal.com

A Redwood Valley man was awarded a $1,610 verdict last week after a four-day jury trial against his former neighbors for damages caused by their marijuana growing operation.

The lawsuit was filed by James Kerr in Mendocino County Superior Court Sept. 17, 2004, alleging that his former tenants -- James and Nancy Matthews -- had created a nuisance and should be held liable.

According to California Civil Code, a nuisance is "anything which is injurious to health, or is indecent or offensive to the senses, so as to interfere with the comfortable enjoyment of life or property."

Kerr claimed the "skunk-like" stench caused by approximately 100 marijuana plants the Matthewses were growing interfered with the use and enjoyment of his property.

The lawsuit also claimed the Matthewses applied "toxic pesticides" to their marijuana plants, which were then sold to a local cannabis club.

The Matthewses -- represented by Timothy Morrison of Mason and Morrison in Ukiah -- filed a cross-complaint against Kerr, alleging intentional infliction of emotional distress, and both lawsuits were consolidated with Kerr's eviction case against his former tenants.

After winning on all counts and being awarded $1,610, Kerr said that even though the judgment amount was small, he feels his rights were vindicated.

"This wasn't about the money. It also wasn't about the people's right to legally grow and use medical marijuana, which I support," Kerr said.

"It's just that when people do grow marijuana, they have to be sensitive and respectful of their neighbors' rights too. And one of those rights is the right to not be assaulted by offensive odors day and night, for weeks or months on end."

Morrison said the Matthewses were permitted to grow medical marijuana under their rental agreement and that the verdict shows the nuisance was not significant.

"The Matthews position was, in a nutshell, that he (Kerr) had consented and actually put in his contract that they could grow medical marijuana on the premises, and they essentially accused him of harassing them to the point of inflicting emotional distress," Morrison said.

"I think the damages are likely attributable to the breach of contract. If they (the jury) had thought this was a significant nuisance, then we would not have seen a trivial verdict."

Morrison said the jury was presented other related information during the trial and awarded Kerr less than one-third of the jurisdictional limit of small-claims court.

"The jury heard that Mr. Kerr was growing some marijuana himself and smoking marijuana himself and actually contemplated putting a grow operation on his own home. He has unclean hands with this accusation," Morrison added.

"There was an immediate next door neighbor to the Matthews' legal growing operation who testified that there were no offensive odors, which the jury also heard."

With the claim against the Matthewses for using toxic chemicals on their medical marijuana, Kerr warned the public to be cautious when purchasing from local cannabis clubs.

"When people buy their medical marijuana from local pot clubs, they should definitely be careful about what they're getting," Kerr said. "Who knows what kind of toxic chemicals have been applied and what adverse health effects they might have."

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Registered: 08/18/04
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Re: $1,610 awarded over pot stench [Re: veggie]
    #4248063 - 06/02/05 03:02 PM (12 years, 11 months ago)

I thought the people in Florida were weird!!!

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Re: $1,610 awarded over pot stench [Re: EonTan]
    #4249123 - 06/02/05 06:45 PM (12 years, 11 months ago)

lol..  :smirk:


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Registered: 04/27/01
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Re: $1,610 awarded over pot stench [Re: veggie]
    #4251395 - 06/03/05 07:19 AM (12 years, 11 months ago)

> Kerr claimed the "skunk-like" stench caused by approximately 100 marijuana plants

Yessiree... I once heard weed called skunk, so it must stink...


Granted, 100 plants in full bloom is going to produce a very strong sweetly fragrent smell, but no so bad as somebodies freshly mown lawn.

Just another spore in the wind.

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