Judge in California permits class action lawsuit against cannabis greenhouse for odor
A recent ruling by a California Superior Court judge has given the green light for the filing of a class-action lawsuit against a cannabis greenhouse in Carpinteria Valley. The lawsuit was initiated by the Santa Barbara Coalition for Responsible Cannabis on behalf of neighbors residing within a one-mile radius of the greenhouse.
Judge Thomas Anderle’s decision allows property owners within the specified radius who purchased their homes before January 19, 2016, to collectively seek damages related to the odor emitted by the cannabis cultivation operation. The plaintiffs claim that the unpleasant smell, which they liken to a “sewer-like” stench, has adversely impacted their property values, rental income, and overall quality of life.
The approval of the class action lawsuit against Valley Crest Farms, the operator of the greenhouse, signifies a significant legal milestone, as it is the first time in California that a judge has certified such a case based on cannabis odor complaints. Approximately 100 homes may fall within the affected radius, making this a substantial legal battle with implications for the entire cannabis industry in the state.
The plaintiffs’ primary objective is to see the greenhouse equipped with carbon filtration systems, commonly referred to as “scrubbers”. These systems are known for effectively eliminating odors before they escape through the greenhouse roof, mitigating the impact on neighboring properties.
Robert Curtis, the attorney representing the coalition, views this ruling as a substantial legal victory that could have widespread ripple effects throughout California’s cannabis industry. The plaintiffs seek tangible solutions to address the odor-related issues they face, highlighting the importance of ensuring the peace and comfort of affected property owners.
Overall, the court’s decision to allow the class action lawsuit against the cannabis greenhouse in Carpinteria Valley is a significant development with far-reaching implications for property owners, cannabis cultivators, and the broader community. It underscores the importance of addressing environmental concerns and ensuring responsible cultivation practices within the cannabis industry. The outcome of this legal battle could set a precedent for future cases involving similar claims, highlighting the growing need for effective odor control measures in cannabis cultivation operations.