MCMINNVILLE, Ore. — A Yamhill County judge has denied a motion to dismiss a complaint filed by a vineyard owner against aspiring marijuana growers.
The vineyard owner, Momtazi Family LLC, claims marijuana odors would damage wine grapes with “foul-smelling particles.”
The Capital Press newspaper reported that Steven, Mary and Richard Wagner asked the judge to throw out the lawsuit because there was no evidence that odors would cross property lines and because the planned marijuana operation wasn’t yet definite.
They also cited the state’s right-to-farm law, which prohibits nuisance and trespass lawsuits against common farming practices.
Judge John Collins said the right-to-farm law doesn’t provide the growers with blanket immunity, but can be used as a defense later in the case.
