cannabisnews.com: Man Fighting Neighbors' Marijuana Stench Man Fighting Neighbors' Marijuana Stench Posted by CN Staff on September 20, 2004 at 13:28:58 PT By David Edwards, The Daily Journal Source: Ukiah Daily Journal A Redwood Valley man is telling his marijuana-growing neighbors to put their money where his nose is. James Kerr decided the smell of James and Nancy Matthews's pot plants was too much, so on Friday, Kerr filed a civil suit in Mendocino County Superior Court."People can do something about the stench of marijuana gardens in their neighborhood," Kerr said. "It doesn't matter whether growing medical marijuana is legal or not. All you have to do is convince a judge or jury that the smell is offensive and interferes with your enjoyment of life or property, and you can be awarded monetary damages." Kerr hopes to convince a judge or jury he lost the use of his property and suffered general damage because of the unpleasant smells. He filed an unlimited civil suit, which means he is seeking more than $25,000. The suit alleges the Matthewses are creating a nuisance and are liable for it. According to the California Civil Code, a nuisance results from "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 is arguing the odor from the 100 or so marijuana plants growing next door meets the offensiveness standard.The suit further alleges the Matthewses applied "toxic pesticides" that pose a health hazard. Kerr did not name any specific pesticides in the suit.Finally, the suit claims the couple sold or marketed their marijuana to customers "with medical conditions that could make them particularly susceptible to the adverse effects of such toxins."This is believed to be the first time someone has used legal action in Mendocino County to combat marijuana odors. For citizens who want a less cumbersome approach, Kerr suggests filing a small claims complaint.That strategy involves a $22 filing fee and allows up to a $5,000 award for damages. One potential drawback of a small claims hearing is that the judge's decision is final.Ukiah attorney Timothy Morrison is representing both James and Nancy Matthews, who are joint defendants in the suit. Kerr delivered his complaint to Morrison's office on Friday, and Morrison was unavailable for comment over the weekend.Kerr hopes his idea will start a trend."If enough people filed small claims suits and got judgments against the growers," he said, "the growers would soon learn that they have a price to pay for being insensitive and disrespectful of their neighbors." Note: Kerr files civil suit in county court.Complete Title: Redwood Valley Man Fighting Neighbors' Marijuana StenchSource: Ukiah Daily Journal (CA)Author: David Edwards, The Daily JournalPublished: Monday, September 20, 2004 Copyright: 2004 Ukiah Daily JournalContact: udj pacific.netWebsite: http://www.ukiahdailyjournal.com/Related Articles:Craver Agrees Pot Smells Badhttp://cannabisnews.com/news/thread19502.shtmlPot Growers Need To Be Sensitivehttp://cannabisnews.com/news/thread19497.shtmlPungent Pot Causing Stink in Mendocino Countyhttp://cannabisnews.com/news/thread19492.shtmlPot Odors Wafting in Valleyhttp://cannabisnews.com/news/thread19470.shtml Home Comment Email Register Recent Comments Help Comment #18 posted by i420 on September 22, 2004 at 05:19:02 PT it ain't gonna fly... I think this will be thrown out. It just sets too broad of a precedent for similar frivilous lawsuits. [ Post Comment ] Comment #17 posted by mayan on September 20, 2004 at 17:53:18 PT Damned Potheads It sounds like Kerr just hates "potheads". Odds are he's a Bush supporter.Here's more on "Da Kine" Cafe...Vancouver pot cafe owner will spend at least a few more days behind bars: http://www.canada.com/vancouver/story.html?id=37d3d063-c919-4f8d-af62-ccf54e7c305aThe way out is the way in...Warning From Mike Ruppert: http://www.rumormillnews.com/cgi-bin/archive.cgi?read=298679/11 Mysteries Remain - Three Years After Terror Attacks, Public Still Doubts ‘Official’ Story: http://www.americanfreepress.net/html/9-11_mysteries.htmlDownload The Evidence Now! http://disc.server.com/discussion.cgi?id=149495;article=65490;show_parent=1 [ Post Comment ] Comment #16 posted by lag on September 20, 2004 at 17:52:54 PT VitaminT My thoughts exactly. [ Post Comment ] Comment #15 posted by FoM on September 20, 2004 at 16:55:34 PT sukoi Thank you! I'll email you later on tonight. I sure appreciate it. I gave up on my VCR after it ate tapes all the time. [ Post Comment ] Comment #14 posted by sukoi on September 20, 2004 at 16:53:11 PT: Montel FoM, I recorded it and I will record Montels' show tomorrow as well. I plan to get this converted to a DVD, so if you want one just email me your address and I'll send "you" one (no charge)! [ Post Comment ] Comment #13 posted by Dave in Florida on September 20, 2004 at 16:51:53 PT Yea, but if his plants are so stinky now, they are soon to be harvested, before it goes to trial. What smell are you talking about neighbor! Cannabis does not have any oder untill flowering. Some plants do smell more than others. [ Post Comment ] Comment #12 posted by FoM on September 20, 2004 at 16:46:24 PT sukoi That was good. He made a great point. Anderson Cooper didn't interrupt him either! Thank you for the heads up! [ Post Comment ] Comment #11 posted by FoM on September 20, 2004 at 16:23:55 PT sukoi Thank you. I sure will watch! They just mentioned Montel will be on! The show is on at 11 tomorrow on my channel on Direct TV. I can't wait. I wish I could tape it but my VCR doesn't work anymore. It went to the great junkyard in the sky! [ Post Comment ] Comment #10 posted by sukoi on September 20, 2004 at 16:21:02 PT FoM Direct TV channel 202! [ Post Comment ] Comment #9 posted by FoM on September 20, 2004 at 16:03:01 PT sukoi on what show on CNN? Headline news or their other channel? I hope I didn't miss it. Anderson Cooper 360 is on now. I had Hardball on. [ Post Comment ] Comment #8 posted by sukoi on September 20, 2004 at 15:57:38 PT ---HEADS UP--- Montel on CNN talking about his show tomorrow within the hour!!! [ Post Comment ] Comment #7 posted by FoM on September 20, 2004 at 15:12:36 PT Oh My! I'm not calling them stinky hippies but I thought the man might think that way. There I feel better. [ Post Comment ] Comment #6 posted by FoM on September 20, 2004 at 15:10:02 PT Stinky Hippies It probably isn't the plants he dislikes but stinky hippies! That's not nice of me but could he feel that way? [ Post Comment ] Comment #5 posted by dongenero on September 20, 2004 at 14:54:09 PT OOOOooo that neighbor!!! Dammit! I told him not to put in Lillies!!!! I like Roses! Lillies stink and that SOB planted them. Now I have to smell 'em. I like Roses!!!! Disrespectful neighbors! [ Post Comment ] Comment #4 posted by VitaminT on September 20, 2004 at 14:51:26 PT FoM I enjoy growing Brugmansias - they're splendidly beautiful and the scent of the blooms is delightful for about the first 2 seconds you smell it. after that the scent becomes an odor and is so cloying that I just have to get away from it before I get sick to my stomach.I wonder how that guy would react if several large flowering brugmansias wer planted along his fenceline. My guess is that he wouldn't see it as an opportunity to sue because as I read him, his actual motive is his hate for the blessed herb and the people who use and benefit from it.Besides he'd look pretty stupid going after his neighbor for growing some lovely flowers!DOH! that's what he's doing isn't it? Hopefully he won't sue me for saying that - I'll keep my fingers crossed. [ Post Comment ] Comment #3 posted by FoM on September 20, 2004 at 14:35:27 PT VitaminT I sure agree with you. Sometimes I wonder if people just don't like each other and they find an issue to use in a fight. That's what it seems like to me. [ Post Comment ] Comment #2 posted by VitaminT on September 20, 2004 at 14:31:29 PT mis-using the system If the odor is truly offensive then there is a problem to solve but you have to try working it out first. This guy's just going for the jugular from the beginning and the jury ought to put him in his place.On the other hand if he can show a jury that he made an effort to work this out with his neighbors first and they refused his good faith attempts then it's evidence of their disregard for the peace and comfort of others.If i'm hearing him right it sounds as though he just trying to turn a buck at someone elses expense - I hardly think he's suffered any lasting injury and a good jury if not a judge will throw the case out of court.Once upon a time taking action in civil court was a last resort but now people will sue over anything - but juries unwittingly opened the doors for this kind of crap by consistently siding with the little guy with the persuasive lawyer.Jurors should look skeptically at all sides before voting as their decision carries the force of law. No one shed a tear for McDonalds when they were sued for serving hot coffee at the drive thru window but how many people now think that was a good precedent?I think it should be difficult to sue someone, you should have to prove that you've made a good faith effort to resolve the matter otherwise. The bigger the potential award then the higher the standard should be.just some non-lawyer ruminations [ Post Comment ] Comment #1 posted by Sam Adams on September 20, 2004 at 13:56:41 PT this IS America.... he'll probably win. I mean, if you can sue you neighbors because their kid bounces a basketball in his driveway, I'm sure you can sue over this & win. What's next? If my neighbor is really fat, can I say that looking at him offends me and sue? What about cigarette smoke? Cutting the grass? sends off allergy particles. [ Post Comment ] Post Comment