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.
Harbor Emerges From Stealth with $10M Funding to Handle AI-Agent Risk 
Viewpoint: The ‘Unbundled’ Insurer Emerges in Age of AI as Value Chain Fragments 
AI Models May Soon Self-Replicate Across Smart-Home Devices, Anthropic Warns 
Surplus Lines Leaders Remain Bullish on Outlook in a Shifting Market 
