REDWOOD VALLEY MAN FIGHTING NEIGHBORS' MARIJUANA STENCH

Kerr Files Civil Suit in County Court

A Redwood Valley man is telling his marijuana-growing neighbors to put
their money where his nose is.

James Kerr decided the smell of James and Nancy Matthews's pot plants
was too much, so on Friday, Kerr filed a civil suit in Mendocino
County Superior Court.

"People can do something about the stench of marijuana gardens in
their neighborhood," Kerr said. "It doesn't matter whether growing
medical marijuana is legal or not. All you have to do is convince a
judge or jury that the smell is offensive and interferes with your
enjoyment of life or property, and you can be awarded monetary damages."

Kerr hopes to convince a judge or jury he lost the use of his property
and suffered general damage because of the unpleasant smells. He filed
an unlimited civil suit, which means he is seeking more than $25,000.

The suit alleges the Matthewses are creating a nuisance and are liable
for it. According to the California Civil Code, a nuisance results
from "anything which is injurious to health, or is indecent or
offensive to the senses, so as to interfere with the comfortable
enjoyment of life or property."

Kerr is arguing the odor from the 100 or so marijuana plants growing
next door meets the offensiveness standard.

The suit further alleges the Matthewses applied "toxic pesticides"
that pose a health hazard. Kerr did not name any specific pesticides
in the suit.

Finally, the suit claims the couple sold or marketed their marijuana
to customers "with medical conditions that could make them
particularly susceptible to the adverse effects of such toxins."

This is believed to be the first time someone has used legal action in
Mendocino County to combat marijuana odors. For citizens who want a
less cumbersome approach, Kerr suggests filing a small claims complaint.

That strategy involves a $22 filing fee and allows up to a $5,000
award for damages. One potential drawback of a small claims hearing is
that the judge's decision is final.

Ukiah attorney Timothy Morrison is representing both James and Nancy
Matthews, who are joint defendants in the suit. Kerr delivered his
complaint to Morrison's office on Friday, and Morrison was unavailable
for comment over the weekend.

Kerr hopes his idea will start a trend.

"If enough people filed small claims suits and got judgments against
the growers," he said, "the growers would soon learn that they have a
price to pay for being insensitive and disrespectful of their
neighbors."