Judge: Vineyard’s lawsuit against pot operation can proceed

(Information from: Capital Press, http://www.capitalpress.com/washington)

SALEM, Ore. (AP) — A federal judge has ruled that a vineyard has plausibly alleged harm from a neighboring marijuana operation and may proceed with a racketeering lawsuit against it.

The Capital Press reports U.S. Senior District Judge Anna Brown denied the marijuana-growing neighbor’s motion to dismiss the complaint. She found that Momtazi Vineyard has legal standing under the Racketeer Influenced and Corrupt Organization Act to pursue the case.

The judge says the vineyard has plausibly claimed under the act that it’s suffered a “concrete financial loss” because a customer canceled an order over fears the grapes were contaminated with the smell of marijuana.

Defendants Mary and Steven Wagner and their son Richard had argued that Momtazi’s allegations weren’t “concrete” damages caused by a RICO violation.

Capital Press was unable to reach the plaintiff’s or defendants’ attorneys for comment as of press time.