Wine, Weed, and the Willamette

Your next Willamette Valley wine might have even more “grassy” notes; that is, unless the Momtazi family prevails in their nuisance lawsuit against their new marijuana-farming neighbor. So far, the legal winds seem to be favoring the Momtazi family, which recently convinced a Yamhill County, Oregon, judge to deny their neighbors’ motion to dismiss. Yet, the hook here is less the legal issues – which are mostly straightforward – and more the subject matter. As new technologies develop (or old industries come out into the open), old legal principles are applied to often unexpected situations. So it is here in the Willamette, where long-standing nuisance law will serve as a buzzkill for either the weed or the wine farmer.

Source: Laura M. Holson, Pot Farmer to Neighbors: Chill Out, Neighbors: No, NY Times, Sept. 26, 2017


Disclaimer: This website is for informational purposes only and is not intended as legal advice. Your access to, and engagement with, this website should not be construed as creating an attorney-client relationship. Any legal questions should be directed to an attorney licensed in your jurisdiction.

Opinions are my own and do not necessarily reflect the opinions of Spilman Thomas & Battle, PLLC,  its employees, or its clients. To contact me, please e-mail jschaeffer@spilmanlaw.com

Attorney Advertising Disclaimer: This website may be considered Attorney Advertising under the laws and rules of some jurisdictions. Each case is different, and outcomes depend on multiple factors, including the unique set of facts and applicable law. No attorney can guarantee a particular outcome in a given case.

I, Joseph Schaeffer, am solely responsible for the content of this website. My primary office address is located at 48 Donley St., Morgantown, West Virginia, 26501.

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