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A settlement has been reached in a lawsuit brought by a woman who alleged that her family's West Buttermilk home was trashed during a medical marijuana grow operation.
Woody Creek resident Nancy Pfister sued Gayle Golding of Aspen and her company, Aspen Organics LLC, for breaching a rental lease and statutory civil theft.
According to the lawsuit, Golding left marijuana plants strewn about and took some items with her when she moved out in October 2011.
In July 2010, Golding signed a lease to occupy the residence. It called on Golding to pay $3,500 a month until October 2011, for a total of $42,000.
Under a section of the lease agreement called "additional provisions" is a statement about the medical marijuana operation, which provided pot to at least one local dispensary.
The lease called for Golding to keep all portions of the home clean and habitable, and in as good a condition as when she moved in.
Instead, upon moving out in October 2011, the defendants "left the premises in disarray," the lawsuit said.
Carpeting, the ceiling, window screens and glass in a gas-fireplace were allegedly damaged. Medical marijuana detritus was also left behind, the lawsuit said.
Golding denied the accusations and in July filed counterclaims against Pfister. Golding said Pfister raised the monthly rent by $3,000, starting in September 2011.
Pfister told Golding that if she did not pay the extra $3,000, she "would evict her or report her to law enforcement for conducting an illegal grow operation," the response to the lawsuit said.
Golding has always fully complied with Colorado's regulations regarding the cultivation of medical marijuana, the filing said.
Her counterclaims against Pfister included extreme and outrageous conduct, trespassing and slander.
On Aug. 30, 2011, Pfister called the Pitkin County Sheriff's Office and reported what she believed to be an illegal grow operation, according to a police report.
That day, a deputy prevented Golding and her son from entering the residence. Golding fetched her licensing paperwork from her office in Basalt to show police but suffered "severe anxiety and shock because of the incident," the filing says.
The sheriff's office contacted the U.S. Drug Enforcement Administration and, later, the medical marijuana enforcement division of the Colorado Department of Revenue, which investigated the case. It's unclear what, if any, action the division took.
The settlement was not disclosed in court filings, and Golding and Pfister both declined comment Wednesday. Messages sent to their attorneys were not returned.
Judge Jonathan Pototsky of the 9th Judicial District on March 27 signed the order dismissing the lawsuit with prejudice, meaning it is a final judgment and that Pfister cannot sue again on the same claims.
Each side is to pay their own attorney fees and costs.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: aspendailynews.com
Author: Aspen Daily News Staff
Contact: Contact Us | Aspen Daily News Online
Website: Sides in medical marijuana lawsuit reach a settlement | Aspen Daily News Online
Woody Creek resident Nancy Pfister sued Gayle Golding of Aspen and her company, Aspen Organics LLC, for breaching a rental lease and statutory civil theft.
According to the lawsuit, Golding left marijuana plants strewn about and took some items with her when she moved out in October 2011.
In July 2010, Golding signed a lease to occupy the residence. It called on Golding to pay $3,500 a month until October 2011, for a total of $42,000.
Under a section of the lease agreement called "additional provisions" is a statement about the medical marijuana operation, which provided pot to at least one local dispensary.
The lease called for Golding to keep all portions of the home clean and habitable, and in as good a condition as when she moved in.
Instead, upon moving out in October 2011, the defendants "left the premises in disarray," the lawsuit said.
Carpeting, the ceiling, window screens and glass in a gas-fireplace were allegedly damaged. Medical marijuana detritus was also left behind, the lawsuit said.
Golding denied the accusations and in July filed counterclaims against Pfister. Golding said Pfister raised the monthly rent by $3,000, starting in September 2011.
Pfister told Golding that if she did not pay the extra $3,000, she "would evict her or report her to law enforcement for conducting an illegal grow operation," the response to the lawsuit said.
Golding has always fully complied with Colorado's regulations regarding the cultivation of medical marijuana, the filing said.
Her counterclaims against Pfister included extreme and outrageous conduct, trespassing and slander.
On Aug. 30, 2011, Pfister called the Pitkin County Sheriff's Office and reported what she believed to be an illegal grow operation, according to a police report.
That day, a deputy prevented Golding and her son from entering the residence. Golding fetched her licensing paperwork from her office in Basalt to show police but suffered "severe anxiety and shock because of the incident," the filing says.
The sheriff's office contacted the U.S. Drug Enforcement Administration and, later, the medical marijuana enforcement division of the Colorado Department of Revenue, which investigated the case. It's unclear what, if any, action the division took.
The settlement was not disclosed in court filings, and Golding and Pfister both declined comment Wednesday. Messages sent to their attorneys were not returned.
Judge Jonathan Pototsky of the 9th Judicial District on March 27 signed the order dismissing the lawsuit with prejudice, meaning it is a final judgment and that Pfister cannot sue again on the same claims.
Each side is to pay their own attorney fees and costs.
News Hawk- Truth Seeker 420 MAGAZINE ®
Source: aspendailynews.com
Author: Aspen Daily News Staff
Contact: Contact Us | Aspen Daily News Online
Website: Sides in medical marijuana lawsuit reach a settlement | Aspen Daily News Online
