Safe Streets Alliance v. Alternative Holistic Healing, LLC

Second Amended Complaint, Civil Action No. 15-349 (2016)

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Safe Streets Alliance v. Alternative Holistic Healing, LLC

United States District Court for the District of Colorado
Second Amended Complaint, Civil Action No. 15-349 (2016)

Facts

The Safe Streets Alliance and two of its members who lived in Colorado (collectively, the marijuana opponents) (plaintiffs) filed a civil action under the Racketeer Influenced and Corrupt Organizations Act (RICO) against Alternative Holistic Healing, LLC, and numerous other individuals and entities involved in growing and selling marijuana in Colorado (collectively, the marijuana growers) (defendants). The marijuana opponents alleged that the marijuana growers constituted a RICO enterprise by working together to grow and sell marijuana at two sites in Colorado in violation of federal drug laws. One of the marijuana-growing sites operated by the marijuana growers was adjacent to a large piece of property owned by the individual marijuana opponents. The marijuana opponents alleged that the marijuana growers’ unlawful activities at this site diminished the value of the individual marijuana opponents’ property, including by interfering with the ability of the individual marijuana opponents to use and enjoy their land to the fullest. In particular, the marijuana opponents cited a building constructed by the marijuana growers near the shared property line that obscured scenic mountain views and served as a constant reminder of the unlawful activity occurring nearby, the constant unpleasant odor of marijuana emanating from the marijuana growers’ property, and an increased related criminal activity in the area due to the marijuana growers’ activities. The marijuana opponents sought an injunction prohibiting the marijuana growers from continuing to engage in growing and selling marijuana, treble damages based on the diminution in the value of the individual marijuana opponents’ property caused by the marijuana growers’ unlawful activities, and other relief.

Rule of Law

Issue

Holding and Reasoning ()

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