A Santa Barbara Superior Court Judge has ruled that a lawsuit filed by a Buellton-area vintner against a neighboring outdoor marijuana grower cannot be expanded into a class action suit.
Blair Pence, the owner of Pence Vineyards and its accompanying wine tasting room, Quantum Wines, alleges that "noxious odors" of cannabis from nearby Santa Barbara Westcoast Farms and "harmful chemical compounds" from a misting system installed to mask the smell of pot have harmed his business and lowered his property values.
Pence asked Judge Patricia Kelly to allow homeowners and business owners with similar claims in a 2-mile radius of Westcoast to join his lawsuit and seek collective damages.
But last week, Kelly denied the motion for class certification, saying Pence had failed to provide sufficient evidence showing how those in that radius were affected by any smell from Westcoast.
"Plaintiff has failed to demonstrate an ascertainable class, a well-defined community of interest, or that a class action would be superior to other methods of litigation," the July 2 ruling states.
Read more at Santa Barbara News Press
