When a state is legalizing marijuana in some form, it's common for certain cities or counties to opt out of or limit the regulation within city limits, as is the case for atleast 81 cities in Oregon, while others choose to instill unreasonably high taxes on the drug. Fairview, Oregon taxes recreational marijuana sales at 40% to discourage retailers, and the city has an outright ban on marijuana grows, however, Oregon state law does not specify the ability for cities to ban medical marijuana grows. While operating under the city ban, officials forced out 3 growers in an industrial park in Fairview, leaving the owner of the rented buildings at a loss. In an attempt to collect missed revenue and reinstate his tenants, the industrial park owner is suing Fairview now knowing that the city did not have the ability to ban medical marijuana grows due to state law.
Troutner instructed his tenants to stop growing. Three of four stopped renting, and Troutner expects the fourth to leave soon, the lawsuit said. Troutner has lost $3,290 a month in rent and will lose another $880 when the fourth tenant leaves, the lawsuit said.
"There's no authority from the state for a city to ban (on medical growing)," the park's lawyer Bear Wilner-Nugent said.