Dear Pot Lawyer,
I read that wine growers are suing weed growers near McMinnville? Whatâs going on?
Yes, thatâs an interesting case. The plaintiffs are vineyard developers Harihara and Parvathy Mahesh, and their vineyard owner neighbor, Momtazi Family LLC. The Maheshes and Momtazi are suing their neighbor, defendant Richard Wagner, and his parents, who, unlike your mom and dad, set Wagner up on a nice spread of land to produce and process weed. Not only do the plaintiffs not like the smell of Wagnerâs weed, but they donât like the weed itself, which they claim is damaging their grapes.
The plaintiffs are seeking injunctive relief, which means they want the court to block Wagnerâs prospective cannabis operation altogether. In legal terms, the smell is alleged to be a ânuisanceâ and a âtrespass.â But the most interesting allegation here is that, as a part of Wagnerâs tortious actions, the weed will damage the wine. According to the complaint, one buyer of Momtazi grapes has already canceled its order because âthe foul-smelling particles will migrate by airâ and thereby ruin the Mahesh and Momtazi grapes.
I say this case is interesting because it presents a novel fact situation, which involves scant legal precedent and scientific inquiry. There have been many pot odor lawsuits in the past, but few, if any, where someone claims damage to crops. The jury here would have to determine whether Wagnerâs weed activities are actually doing that. To convince them, the sides would likely hire scientists or other industry experts.
Immediately after filing this lawsuit, the plaintiffs went to court to seek a temporary restraining order (TRO), which is what you do in these types of cases. The idea here was to stop Wagner from producing and processing weed until the lawsuit is fully adjudicated. The pleadings in this case are fun to read: Harihara offered the court some delightful Instagram posts by Wagner, where he described a âfat dabâ followed by âa most enjoyable odor of sour skunky grapefruit.â He also marveled of his landrace Saipanese plant, âThe terpenes are stinky like this bugârotten fruit, gas, and notes of tobacco.â
Wagner and his parents hired a good lawyer, showed up in court, and responded that the âInstagram posts establish only that Wagner (who does not own the property) enjoys marijuana, which is legal under Oregon law.â The defendants also pointed out that Wagner hadnât even applied for an OLCC license, and that a Yamhill County permitting process was still underway. The Court apparently liked those arguments because it sided with Wagner, and denied the TRO.
The fact that Wagner took round one doesnât mean a whole lot, other than he may proceed with his dabs and whatnot until the case is over with. That could take a year or longer, assuming no one caves from the pile of attorney fees theyâll pay each month and never recover. The smart money says Wagner will probably win this one, but itâs also far from certain. Stay tuned.
Got a question? Email us at potlawyer@portlandmercury.com. And remember that if you have a legal problem, contact a lawyer! Our educational musings cannot be relied upon as specific legal advice.
