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Court decides Colorado horse farm can sue pot farm over smells

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DENVER — A pot farm’s neighbor can sue them for smells and other nuisances that could harm their property values, a federal appeals court ruled Wednesday.

The 10th U.S. Circuit Court of Appeals ruling revives a lawsuit between a Colorado horse farm and a neighboring marijuana-growing warehouse.

The horse farm’s owners, the Reillys, sued in 2015, claiming that the pot-growing warehouse would diminish their land’s value by emitting “noxious odors” and attracting unsavory visitors. A federal district court dismissed the Reillys’ claim, and the pot warehouse opened in 2016.

The horse farm owners appealed, and a three-judge appeals panel agreed Wednesday that their claims should be heard. But the judges said the Reillys can’t sue Colorado to force the state to enforce federal drug law and not allow the pot warehouse in the first place.

The southern Colorado horse-vs-pot case is interesting because the horse farm owners are trying to use a 1970 federal law crafted to fight organized crime. The Reillys say that federal racketeering laws entitle them to collect damages from the pot farm, even though the pot farm is legal under state law.

“The landowners have plausibly alleged at least one (racketeering) claim,” the judges wrote.

Pot opponents say the racketeering strategy gives them a possible tool to break an industry they oppose. It could give private citizens who oppose pot legalization a way to sue the industry out of business, even as federal officials have so far declined to shut down most pot businesses operating in violation of federal drug law.

“This is a tremendous victory for opponents of the marijuana industry,” said Brian Barnes, a Washington-based lawyer who represents the Reillys on behalf of the anti-crime nonprofit group Safe Streets Alliance.

Owners of the pot warehouse, owned by a company called Alternative Holistic Healing, did not immediately return a call for comment Wednesday. An attorney representing them in the case could not be reached, either.

The case now goes to back to a federal district court that had earlier dismissed it.

The appeals panel handed pot opponents a defeat on another case Wednesday, however. The judges ruled that a lower court was right to dismiss a claim from a group of sheriffs in Colorado, Nebraska and Oklahoma, who had asked the federal court to block Colorado’s pot law.

One more thing...

Local and independent journalism is under threat in the West and you change that.  With corporate raiders slashing newsrooms across the West, the PULP is one of the "Last Locals" in Colorado to produce original, compelling journalism missing in today's profit hungry world. But that costs money, time and hard work. We don't believe in spamming you with ads or putting up restrictive paywalls and that's why we need your help.

For every contribution, we put 100% back into producing original and amazing journalism. That's a promise only a local and independent newsroom can promise. Take heart because you will fuel stories just like this one and the future of journalism.

Colorado

Western wild fires continue to rage as authorities worry over July 4 fireworks

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A growing wildfire destroyed more than 100 homes in the Colorado mountains, while other blazes across the parched U.S. West kept hundreds of other homes under evacuation orders and derailed holiday plans.

Authorities announced late Monday that a fire near Fort Garland, about 205 miles (330 kilometers) southwest of Denver, had destroyed 104 homes in a mountain housing development started by multimillionaire publisher Malcolm Forbes in the 1970s. The damage toll could rise because the burn area is still being surveyed.

Tamara Estes’ family cabin, which her parents had built in 1963 using wood and rocks from the land, was among the homes destroyed.

“I think it’s sinking in more now. But we’re just crying,” she said. “My grandmother’s antique dining table and her hutch are gone.”

“It was a sacred place to us,” she added.

Andy and Robyn Kuehler watched flames approach their cabin via surveillance video from their primary residence in Nebraska.

“We just got confirmation last night that the house was completely gone. It’s … a very sickening feeling watching the fire coming towards the house,” the couple wrote in an email Tuesday.

The blaze, labeled the Spring Fire, is one of six large wildfires burning in Colorado and is the largest at 123 square miles (318 square kilometers) — about five times the size of Manhattan. While investigators believe it was started by a spark from a fire pit, other fires, like one that began burning in wilderness near Fairplay, were started by lightning.

Nearly 60 large, active blazes are burning across the West, including nine in New Mexico and six each in Utah and California, according to the National Interagency Fire Center.

In Utah, authorities have evacuated 200 to 300 homes because of a growing wildfire near a popular fishing reservoir southeast of Salt Lake City amid hot temperatures and high winds. Several structures have been lost since the fire started Sunday, but it’s unclear how many, said Jason Curry of the Utah Division of Forest, Fire and State Lands.

Darren Lewis and his extended family planned to spend the Fourth of July at a cabin built nearly 50 years ago by his father and uncle in a wilderness area nestled between canyons and near a mountain river.

Instead, Lewis and his family will spend the holiday nervously waiting to hear if a half-century of family memories go up in smoke because of the fire, which has grown to 47 square miles (122 square kilometers).

“There’s a lot of history and memories that go into this cabin,” said Lewis, 44, of Magna, Utah. “The cabin we could rebuild, but the trees that we love would be gone. We’re just hoping that the wind blows the other way.”

Meanwhile, a wind-fueled wildfire in Northern California that continues to send a thick layer of smoke and ash south of San Francisco was threatening more than 900 buildings.

The massive blaze was choking skies with ash and smoke, prompting some officials to cancel Fourth of July fireworks shows and urge people to stay indoors to protect themselves from the unhealthy air.

At least 2,500 people have been told to evacuate as the so-called County Fire continues to spread, said Anthony Brown, a spokesman with the California Department of Forestry and Fire Protection.

Brown said the blaze, which started Saturday and is surging through rugged terrain northwest of Sacramento, has grown to 113 square miles (294 square kilometers) amid hot and dry weather expected throughout the day. It was 15 percent contained Tuesday.

“The weather is better than what we had over the weekend. But it’s still hampering our efforts and it’s an area of concern,” he said.

So far this year, wildfires have burned 4,200 square miles in the United States, according to the fire center. That’s a bit below last year’s acreage to date — which included the beginning of California’s devastating fire season — but above the 10-year average of 3,600 square miles.

Because of the Independence Day holiday, authorities are also concerned about the possibility of campfires or fireworks starting new fires because of the dry, hot conditions. In Colorado, many communities have canceled firework displays, and a number of federal public lands and counties have some degree of fire restrictions in place, banning things like campfires or smoking outdoors.

In Arizona, large swaths of national forests and state trust land have been closed since before Memorial Day. Some cities have canceled fireworks displays because of extreme fire danger.

In New Mexico, all or part of three national forests remain closed because of the threat of wildfire, putting a damper on holiday camping plans. The forests that are open have strict rules, especially when it comes to fireworks.

“We’re just urging people to use extreme caution,” said Wendy Mason, a spokeswoman for the New Mexico State Forestry Division. “We want people to have fun and enjoy themselves, but we prefer they leave the fireworks shows to the professionals.”

____

Associated Press writers Brady McCombs in Salt Lake City; Susan Montoya Bryan in Albuquerque, New Mexico; Olga R. Rodriguez in San Francisco; Felicia Fonseca in Flagstaff, Arizona; and Alina Hartounian in Phoenix contributed to this report.

One more thing...

Local and independent journalism is under threat in the West and you change that.  With corporate raiders slashing newsrooms across the West, the PULP is one of the "Last Locals" in Colorado to produce original, compelling journalism missing in today's profit hungry world. But that costs money, time and hard work. We don't believe in spamming you with ads or putting up restrictive paywalls and that's why we need your help.

For every contribution, we put 100% back into producing original and amazing journalism. That's a promise only a local and independent newsroom can promise. Take heart because you will fuel stories just like this one and the future of journalism.
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More firefighters called in to rein in Southern Colorado fire

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Crews struggled to rein in a wildfire that was spreading in several different directions Sunday in southern Colorado.
More firefighters were arriving to battle the blaze that has prompted the evacuation of more than 2,000 homes.
“It’s a very challenging fire, I’ll be honest with you, with all the wind changes,” Shane Greer, an incident commander with the Rocky Mountain Incident Management Team, told residents Sunday.
Authorities said the fire east of Fort Garland was estimated at 64 square miles (166 sq. kilometers) after unpredictable winds pushed the fire both north and south over the weekend.
About 500 firefighters have worked to contain the flames since the fire began Wednesday. A second team arrived in the area Sunday and plans to take over fighting the fire north of Highway 160.
The first team will focus on the area south of the highway.
“Usually with a fire we can chase it … we haven’t been able to chase this because it keeps going in at least three different directions,” Greer said.
Authorities said they began assessing some areas this weekend to track destroyed or damaged structures. But they cautioned that conditions remain dangerous and said they want to be sure that information is correct before notifying property owners.
The fire was expected to remain active and grow in intensity with a warm and dry forecast on Sunday.
Highway 160 remains closed and officials said they could not estimate when it will reopen or when the evacuation orders will end.
The Costilla County Sheriff’s Office on Saturday said a man was being held on suspicion of arson in connection with the fire. It is not clear if Jesper Joergensen, 52, has an attorney.
At Sunday’s public update, officials said they do not believe Joergensen started the fire intentionally.
State emergency management officials reported nine other fires remained active around the state on Sunday. Officials near Durango hoped that a cold front would slow down one of those. The fire began a month ago and is estimated at 77 square miles.
The Durango Herald reported that authorities planned to relocate some crews and equipment to help firefighters guarding communities as the flames moved north.

One more thing...

Local and independent journalism is under threat in the West and you change that.  With corporate raiders slashing newsrooms across the West, the PULP is one of the "Last Locals" in Colorado to produce original, compelling journalism missing in today's profit hungry world. But that costs money, time and hard work. We don't believe in spamming you with ads or putting up restrictive paywalls and that's why we need your help.

For every contribution, we put 100% back into producing original and amazing journalism. That's a promise only a local and independent newsroom can promise. Take heart because you will fuel stories just like this one and the future of journalism.
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Today we launch the PULP Journalism Project to Support the Capital Gazette and more

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From the Publisher of Colorado’s PULP Newsmagazine to the people who make The Capital Gazette possible.

In this space, we at the PULP had plans to launch Rocket PULP, our PULP Journalism Project. We had planned a huge roll-out of PULP Universe memberships, collaborations with national writers, universities, and local creatives. Most importantly, I wanted to talk about how we rebuild Colorado storytelling for the 21st century.

But with what happened yesterday in Annapolis, Maryland – where journalists at The Capital Gazette were attacked and five people were killed – it’s more appropriate to show you what I believe in as a local publisher to help rebuild another newsroom.

I want the PULP to stand for something more than corporate profits off of local people.
We have been fighting and scratching for Southern Colorado for years now, trying to tell the local story of us as a people. At our core, beyond breaking news and telling stories in this hard region to live, PULP is about the spirit of Southern Colorado through collaboration. I believe if we all win – we all win. In fact, this spirit of “We Are…” has been our guiding principle since 2010.

So instead of asking you to join the PULP Universe in July to fuel Colorado journalism, I’m asking you to join the PULP Universe to help the families in Annapolis. For any new PULP Membership for the entire month of July, we will give half — 50 percent — to The Capital Gazette family.

Why do this? Speaking to you as an owner and publisher, well before the shooting in Maryland, I’d often look out our massive storefront windows and think, “My god, what if we are attacked? How in the world would I take care of my people?” This shooting has affected me personally and this is what I can do to help others.

We may be the new kids on the news block in Colorado, but that doesn’t mean we should act small. In Southern Colorado, you’re taught that we may not have much here, but we are all family – so give if you can, but more importantly, always look to help when you must. Supporting the Capital Gazette is something the PULP Journalism Project must do.

Please give what you can, even if it’s just $1. Let’s show a fellow newsroom that the PULP Universe in Colorado stands for supporting the storytellers across every universe.

To learn more about the PULP Journalism Project follow rocketpulp.com for updates. Our news site can be found at pueblopulp.com, but today go to capitalgazette.com instead.

We Are Friends and Family,
John Rodriguez and the PULP Team
Owner / Publisher of PULP

One more thing...

Local and independent journalism is under threat in the West and you change that.  With corporate raiders slashing newsrooms across the West, the PULP is one of the "Last Locals" in Colorado to produce original, compelling journalism missing in today's profit hungry world. But that costs money, time and hard work. We don't believe in spamming you with ads or putting up restrictive paywalls and that's why we need your help.

For every contribution, we put 100% back into producing original and amazing journalism. That's a promise only a local and independent newsroom can promise. Take heart because you will fuel stories just like this one and the future of journalism.
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