DC resident sues neighbor over pot smell AND WINS

[Anonymous]

Anonymous wrote:Wouldn’t this mean that I can sue my neighbor for their leaf blower too?

I doubt a judge or jury would ever agree that occasionally using a leaf blower for its intended purpose in a residential neighborhood is a nuisance. Now, if your neighbor runs it every day for no apparent reason, then yes, you'd probably win that case. I'm not really sure how you see any parallels with weed.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Wouldn’t this mean that I can sue my neighbor for their leaf blower too?

I doubt a judge or jury would ever agree that occasionally using a leaf blower for its intended purpose in a residential neighborhood is a nuisance. Now, if your neighbor runs it every day for no apparent reason, then yes, you'd probably win that case. I'm not really sure how you see any parallels with weed.

I can step outside any given day of the week from spring into winter and hear a leaf blower or lawn service on my block. I can smell them too.

What about strong cooking smells? BBQ? Curry?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Wouldn’t this mean that I can sue my neighbor for their leaf blower too?

I doubt a judge or jury would ever agree that occasionally using a leaf blower for its intended purpose in a residential neighborhood is a nuisance. Now, if your neighbor runs it every day for no apparent reason, then yes, you'd probably win that case. I'm not really sure how you see any parallels with weed.

I can step outside any given day of the week from spring into winter and hear a leaf blower or lawn service on my block. I can smell them too.

What about strong cooking smells? BBQ? Curry?

You should probably spend time researching nuisance law, and you'll probably be disappointed because leaf blowers and cooking are not out of character for living in a residential area (if any of the neighbors are running it just to annoy you, again that might be a different case, but you've described that many neighbors are all using them for their intended purposes). But hey, if you think you have a case that you can prove, and you want to sue all of your neighbors for collectively annoying you, go ahead and waste your money to do it. You'll need to convince a judge or a jury.

[Anonymous]

Anonymous wrote:Interesting that smell is now taken into account regarding what you are free to do or not do in your own home.

It must have been a strong and persistent smell for the judge to react this way.

Have you never smelled pot before?

[Anonymous]

Anonymous wrote:She gets no damages but judge bans neighbor from smoking pot in his own home

Hahahahahahaha

See you in court potheads

Fascinating!!!

[Anonymous]

Anonymous wrote:

Anonymous wrote:
Hmm. The article states in the first sentence that the marijuana was for medical purposes, but does not explain whether there was a doctor's letter.

This could get fraught, if someone with a serious or terminal illness gets sued for managing pain or other symptoms with marijuana.

There is no such thing as “medical marijuana.” It’s all bull. If a pharmaceutical company made such flimsy claims about their drugs, they’d be sued out of existence.

I don't think so. Have you seen the studies on SSRI effectiveness? Big Pharma will do just fine no matter what.

[Anonymous]

Anonymous wrote:She gets no damages but judge bans neighbor from smoking pot in his own home

Hahahahahahaha

See you in court potheads

If I'm the neighbor, I'm burning the worst incense that I can find in front of an open window with a fan pointing towards the neighbor

[Anonymous]

Anonymous wrote:

Anonymous wrote:She gets no damages but judge bans neighbor from smoking pot in his own home

Hahahahahahaha

See you in court potheads

If I'm the neighbor, I'm burning the worst incense that I can find in front of an open window with a fan pointing towards the neighbor

Do that enough and you too will end up with a judge slapping you down, PP.

You will have created a "private nuisance." Look it up. Private nuisance is the grounds on which the woman rightly won the suit against the pot smoker neighbor.

You would have the additional charge of harassment filed against you, too, for intentionally harassing your neighbor with your incense so clearly aimed directly at her. I hope you'd enjoy your petty revenge because it would cost you in a big way.

[Anonymous]

Good. Sounds like this guy didn’t make any effort to mitigate the smoke stench. He also could have tried vaping or edibles.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:She gets no damages but judge bans neighbor from smoking pot in his own home

Hahahahahahaha

See you in court potheads

If I'm the neighbor, I'm burning the worst incense that I can find in front of an open window with a fan pointing towards the neighbor

Do that enough and you too will end up with a judge slapping you down, PP.

You will have created a "private nuisance." Look it up. Private nuisance is the grounds on which the woman rightly won the suit against the pot smoker neighbor.

You would have the additional charge of harassment filed against you, too, for intentionally harassing your neighbor with your incense so clearly aimed directly at her. I hope you'd enjoy your petty revenge because it would cost you in a big way.

oh no, a minuscule fine and court fees amounting to a couple of hundred that will cost the neighbor tens of thousands in legal fees to ever get in front of a jury

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Wouldn’t this mean that I can sue my neighbor for their leaf blower too?

I doubt a judge or jury would ever agree that occasionally using a leaf blower for its intended purpose in a residential neighborhood is a nuisance. Now, if your neighbor runs it every day for no apparent reason, then yes, you'd probably win that case. I'm not really sure how you see any parallels with weed.

I can step outside any given day of the week from spring into winter and hear a leaf blower or lawn service on my block. I can smell them too.

What about strong cooking smells? BBQ? Curry?

You should probably spend time researching nuisance law, and you'll probably be disappointed because leaf blowers and cooking are not out of character for living in a residential area (if any of the neighbors are running it just to annoy you, again that might be a different case, but you've described that many neighbors are all using them for their intended purposes). But hey, if you think you have a case that you can prove, and you want to sue all of your neighbors for collectively annoying you, go ahead and waste your money to do it. You'll need to convince a judge or a jury.

+1

At last, someone on DCUM who gets that people can't just equate pot smoking's effects on neighbors with other things like leaf blowers or cooking smells.

The pot lovers will come out of the woodwork here to defend their right to invade others' personal spaces with their smoke. What their addled brains can't comprehend is that smoking -- pot, cigarettes, anything -- not only creates a mere "scent," it creates particulate matter which permeates even the smallest spaces and goes into others' homes and lungs. The smokers don't want to understand or admit that aspect and don't see any problem with it if they DO understand it. Because they're self-centered.

[Anonymous]

I'm a vegan and my neighbor cooks a lot of meat. I'm planning on using this to sue my neighbor. Thanks for posting OP! The law suits are on!!!

See you in court MURDERERS

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:She gets no damages but judge bans neighbor from smoking pot in his own home

Hahahahahahaha

See you in court potheads

If I'm the neighbor, I'm burning the worst incense that I can find in front of an open window with a fan pointing towards the neighbor

Do that enough and you too will end up with a judge slapping you down, PP.

You will have created a "private nuisance." Look it up. Private nuisance is the grounds on which the woman rightly won the suit against the pot smoker neighbor.

You would have the additional charge of harassment filed against you, too, for intentionally harassing your neighbor with your incense so clearly aimed directly at her. I hope you'd enjoy your petty revenge because it would cost you in a big way.

oh no, a minuscule fine and court fees amounting to a couple of hundred that will cost the neighbor tens of thousands in legal fees to ever get in front of a jury

Sure, go on thinking that as you rack up complaint after complaint and get the knock on your door over and over until your landlord boots you or your HOA fines you out of existence or your neighbors band together to push you out. Enjoy!

[Anonymous]

Anonymous wrote:

Anonymous wrote:
Hmm. The article states in the first sentence that the marijuana was for medical purposes, but does not explain whether there was a doctor's letter.

This could get fraught, if someone with a serious or terminal illness gets sued for managing pain or other symptoms with marijuana.

There is no such thing as “medical marijuana.” It’s all bull. If a pharmaceutical company made such flimsy claims about their drugs, they’d be sued out of existence.

On the other hand, pharmaceutical companies aren't legally barred from using federal research funds to investigate how and whether their drugs work.

[Anonymous]

I'm 100 percent behind the woman who won the suit.

But unfortunately, now the pot promoters are saying that this verdict means the District should permit smoking in public spaces if people are going to be successfully sued for smoking in their homes (or on their porches etc.).

The pot lobby says public smoking should be fine, we'll just have regulations prohibiting smoking within X feet of other people or kids or certain locations like schools, blah blah...Great! Let's put the cops in charge of policing how many feet a pot smoker is from a playground. Just what the city needs: More for cops to enforce (so--it won't be enforced at all) and more stench of weed everywhere. And people will STILL smoke in their homes, believing they'll never get sued like this guy was. So there will be nowhere to get away from pot.

But I know how the potheads will respond: So? Mellow out and breathe deeply! It's good for you! Everyone must just deal with my "need" to smoke whenever and wherever.