Judge Denies Class Certification in Vintner vs. Cannabis Grower Lawsuit

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.

In a statement by email this week, Pence said: “Obviously, we are disappointed and disagree with the ruling, in that it completely ignores the inconvenience, pain and suffering of our friends and neighbors. So many people have lodged complaints, yet our county has done absolutely nothing to alleviate the impacts of the disgusting stench and release of unhealthful elements into the air.”

To support his motion, Pence submitted more than 40 anonymous odor complaints filed in recent years with the county against Westcoast. The 50-acre operation at 1800 W. Highway 246 is one of the largest under cannabis cultivation in the county by acreage; the center of Buellton is 2 miles east and downwind from the growing site.

One resident said, “My home smells like I am growing cannabis in the living room.” Another noted, “The wind blow(s) the stench through our city every day and night. It never stops.”

Pence’s vineyard and tasting room are located across the road from Westcoast, at 1909 W. Highway 246.

Cannabis is grown seasonally in the fields shown as light brown at Westcoast Farms. The dark green northwestern corner of the property is undeveloped. (Photo by Google Earth)

But Kelly was not convinced.

“The court is not persuaded that plaintiff has identified any logical reason for drawing the 2-mile radius as the boundary for this lawsuit based on one report of odor blowing through Buellton,” she wrote.

Moreover, the judge said, the plaintiffs “did not explain how they plan to show” that strong odors in the 2-mile radius had “interfered” with residents’ use of their properties. The evidence presented did not establish how the gaseous organic compounds that make up the pungent smell of marijuana “traveled to any given property, the strength, or any form of measure,” she said.

In this case, Kelly concluded, “A class action is not a superior method of resolving inherently individualized claims.”

Pence said he was seriously considering an appeal.

“Frankly, we were surprised by this decision,” he said, adding that the case, which was filed in 2022, will proceed – regardless of the ruling.

“We will continue to stand up for the community and defend it from the scourge of open marijuana grows,” Pence said. “We will still have our day in court.”

Scott Rudolph of La Jolla, a Westcoast co-manager, is a co-defendant in the case. State records show that he is the co-owner of Westcoast, along with Carol Carpenter of La Jolla, who is listed as the company’s managing member.

Different outcomes

Kelly’s ruling could have broad implications for outdoor cannabis growers and their neighbors elsewhere in the county, if not the state. Since 2018, when the county passed its industry-friendly cannabis ordinance, 35 outdoor “grows” have been approved for permits in the North County, totaling 1,100 acres.

Westcoast is one of several grows operating near Buellton. To date, the county has issued business permits for about 770 acres, but it is not known how many are under cultivation. Outdoor cannabis operations are seasonal, with typically two harvests per year – one in the spring and one in the fall.

Records show residents have filed more than 125 complaints with the county about the smell of commercial cannabis in the area, which they say has penetrated their homes, parks and schools and is noticeable on the Avenue of the Flags, a main city thoroughfare.

In addition to Westmont, some of the complaints have named Busy Bee’s Organics, a cannabis operation west of the city that is presently fallow; and Sierra Botanicals, an operation along Highway 101 south of the city.

As a result of Kelly’s ruling, homeowners or business owners wishing to file nuisance odor claims against Westcoast will now have to confront the cost and challenge of suing as individuals.

“By way of the class action, we are trying to achieve justice on our neighbors’ behalf and at no cost to them,” Pence said. “Tragically, these people have been ignored, and our efforts to help them have been delivered a setback.”

The ruling comes on the heels of a nuisance odor case against a Carpinteria Valley cannabis grower in which a different Santa Barbara County Superior Court judge ruled in favor of class certification. That ruling came on March 5 in a lawsuit filed against Valley Crest, a greenhouse cannabis operation on Casitas Pass Road, by several neighbors and the Santa Barbara Coalition for Responsible Cannabis, a countywide advocacy group. The coalition, of which Pence is president, has sought stricter regulations for the marijuana industry since the county opened the gates to a “Green Rush” in 2018.

In the Valley Crest case, Judge Thomas Anderle ruled that neighbors owning homes or property in a 1-mile radius of the greenhouse operation could collectively seek damages for the pervasive smell of pot that had “invaded” their properties. Notices are being mailed to about 260 addresses in the area.

Anderle noted that Valley Crest had failed to install clean-air carbon filters called “scrubbers,” a technology that will be mandated throughout the valley’s massive greenhouse grows beginning next spring. A model of scrubbers from the Netherlands has been shown to eliminate 84% of the smell of pot before it can escape through the vents on greenhouse roofs.

Robert Curtis, a Santa Barbara attorney who represents both Pence and the coalition, argued in both the Westcoast and Valley Crest cases that, during trial proceedings, the plaintiffs would provide expert testimony from other residents establishing how their property values have been lowered because of the smell of cannabis. Anderle accepted that plan, but Kelly did not.

“Without the benefit of testimony that describes that methodology, the court is not convinced that common proof will prevail,” she stated.

Both cases are awaiting trial. The Valley Crest trial will begin March 4, if it is not settled before then.

This story is republished with permission from the Santa Barbara News-Press. You can support their community journalism here.