Growing smelly weed is offensive to vineyard company in McMinnville.
Richard Wagner is growing smelly weed. He is getting sued by the the vineyard developers Harihara and Parvathy Mahesh. He is also being sued by vineyard owners the Momtazy Family LLC. The Mahesh family and Momtazy family claim that weed from Richard’s property is damaging their grape crops and the odor from the farm is offensive. The families are seeking an injunction relief, hoping that Richard will be forced to stop production.
Plaintiffs are claiming that the smell of Richard’s herb is trespassing.
According to Momtazi, one of their customers canceled an order because they were worried that the weed smell would fuse with the wine smell via air, therefore ruining their product. In the past, several lawsuits arose from offensive cannabis smells, but no one has claimed damage to their property because of it. Each side would have to hire scientists and industry experts to help the jury decided if indeed the scent of marijuana would fuse with the neighboring vineyard and thereby damage their product.
Richard is not worried about losing the battle.
The plaintiffs are trying hard to stop Richard from growing. They took extra steps right after filing the lawsuit. They filed a temporary restraining order, but it didn’t go far. Richard hired an amazing lawyer, and squashed that restraining order.
The plaintiff’s attempted to use Richards Instagram posts as evidence against his “bad” nature because he posted comments like “fat dab” and “a most enjoyable odor of sour skunky grapefruit”. Richard’s lawyer’s counterargument was that Instagram posts reflect Richards admiration for marijuana and nothing to do with the plaintiff’s argument. The plaintiffs also attempted to use the fact that Richard had no OLCC card to grow. Richard’s lawyer proved that growing weed is legal in Oregon and currently Richard’s OLCC permit is being reviewed for approval. The court approved of the defendant’s side and denied the plaintiff’s request for the temporary restraining order.
Richard won the first round. After a year of attorney and legal fees that will continue to pile up every month, who will cave first? Some say Richard Wagner will win the war but we will have to say tuned to find out for sure.