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Judge Dismisses RICO Case Against Oregon Cannabis Growers, but Will Allow Refile

While a federal judge dismissed a racketeering lawsuit filed by Oregon landowners against neighbor cannabis businesses last week, the legal battle could continue with the judge saying the plaintiffs can amend and refile their complaint.

Willamette Week reported over the weeekend on the decision by U.S. District Judge Michael McShane, who dismissed part of the case against cannabis businesses brought by neighbors who said they were harmed by the growing of marijuana next door. They complained of odors, traffic and guard dogs, from the grow operation, among other things that they say caused them harm.

The plaintiffs claimed the defendants in the town of Lebanon, Ore., were engaged in an organized criminal activity because cannabis remains illegal under the federal Controlled Substances Act.

McShane ruled the plaintiffs couldn’t be compensated for some damages under the Racketeer Influence and Corrupt Organization Act – but gave the plaintiffs a chance to amend their complaint and refile the case.

The defendants in the case are: Mark Owenby, Michelle Page, Jenny Silveira, Howard Brown, William Templeton, Elisha Templeton and Bryan Philp. The Capital Press reported the defendants say cannabis is no longer grown on the site, the plaintiffs allege it is.

 

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Associated Press

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