Residents complaining about foul odors from a sugar beet processor in Bay City have a lost a key decision at the Michigan Court of Appeals.
Michigan Sugar, which turns beets into sugar, is accused of depriving people from enjoying their property because of odors.
But the appeals court said Mikkie Morley and Jonathan Morley, who moved into their home in 2016, haven’t exhausted the complaint process at state agencies. The court also dismissed a separate negligence claim.
“The alleged noxious odors in this case amount to a transitory condition and the Morleys have not alleged that the condition has physically damaged their property,” the court said in a 3-0 opinion on Nov. 18.
Laura Sheets said her law office has been contacted by hundreds of residents.
“You want to sit out on your porch or mow your yard or play with your kids, and it smells unbearably horrible. … Those are real harms,” Sheets told the court on Nov. 3.
Michigan Sugar’s attorney, Brion Doyle, said millions of dollars are being spent to control odors under a previous agreement with state regulators.
Topics Michigan
Was this article valuable?
Here are more articles you may enjoy.
Trump Administration Backtracks on Removing Ocean Sensors 
AM Best: Data Centers Pose Risks Beyond What P/C Industry Has Experienced 
Danone US Sues Chobani Over High-Protein Yogurt Labeling Claims 
Hacking Group Claims Major Hack of Novo Nordisk and Attempted $25M Extortion 
