cannabisnews.com: Mendocino Man Sues Ex-Tenants Over Pot 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 DemocratPublished: Tuesday, September 21, 2004Copyright: 2004 The Press DemocratContact: letters pressdemo.comWebsite: http://www.pressdemo.com/Related Articles:Man Fighting Neighbors' Marijuana Stenchhttp://cannabisnews.com/news/thread19517.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 #3 posted by Truth on September 21, 2004 at 21:21:40 PT I wonder if he has dog doo in his yard. [ Post Comment ] Comment #2 posted by global_warming on September 21, 2004 at 14:59:17 PT Axe to Grind I wonder what this guy Kerr's connections are to the "anti's"?? [ Post Comment ] Comment #1 posted by billos on September 21, 2004 at 14:39:17 PT I hope this idiot landlord never lives by......... someone with a flatulence problem. Imagine this moron suing over the stink of a fart? Wouldn't surprise me the way the world is going. [ Post Comment ] Post Comment