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Closely Watched Marijuana Lawsuit Ends In Favor Of Colorado Grow Operation

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A Denver jury has ruled in favor of a marijuana grow operation sued for potentially hurting the property values of a nearby ranch — marking a blow for those seeking to stop the spread of legal pot.

 Click 'play' to hear the audio version of this story.

Colordao ranchers Michael and Phyllis Reilly sued a neighboring grow operation run by licensed grower Parker Walton. The Reilly’s claimed the large corrugated-metal garage harmed their property values and mountain views.

“Everyone around the nation in the industry has been watching this case,” said Rob Mikos, a Vanderbilt University Law Professor and marijuana law expert.

Given that marijuana is illegal at the federal level, the Reilly’s tried suing under RICO - the Racketeer Influenced and Corrupt Organizations Act. Penalties doled out to Walton would have tripled under a RICO conviction.

But, the Denver jury did not find in favor of the Reilly’s. Mikos said this case does not set a binding legal precedent.

“But, it does likely give other plaintiffs pause before bringing this type of suit,” he said.

 Find reporter Dan Boyce on Twitter @BoyceDan.

Copyright 2018 Boise State Public Radio

This story was produced by the Mountain West News Bureau, a collaboration between Wyoming Public Media, Boise State Public Radio in Idaho, Yellowstone Public Radio in Montana, KUER in Salt Lake City and KRCC and KUNC in Colorado.

Copyright 2021 Boise State Public Radio News. To see more, visit Boise State Public Radio News.

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Dan Boyce moved to the Inside Energy team at Rocky Mountain PBS in 2014, after five years of television and radio reporting in his home state of Montana. In his most recent role as Montana Public Radio’s Capitol Bureau Chief, Dan produced daily stories on state politics and government.
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