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Prestige Feed Products in legal clash over odor

Despite investments in odor control measures and scientific studies, Mount Prospect, Illinois, alleges breach of agreements.

Gavel On Counter Close Up
VBlock | Pixabay

Reporting by Steve Zalusky with the Daily Herald, shows that Mount Prospect, Illinois, has resumed a legal battle with Prestige Feed Products over the smells created during the manufacturing process. The village has accused Prestige of creating a public nuisance due to the strong "burnt cheese" odors emanating from its facility. 

Mary Haydock reported for COOK County Record, that on May 25, 2023, Prestige Feed Products filed a lawsuit against the Village of Mount Prospect, claiming that the municipality is planning to illegally revoke their business license and put them out of business based on allegedly baseless claims of creating a public nuisance through foul odors. According to the lawsuit, the village reneged on a previous agreement to halt any legal action while Prestige addressed the odor complaints.

The village asserted that Prestige's business is a nuisance based on complaints from residents regarding a burnt cheese smell emanating from the facility. However, Prestige commissioned scientific odor studies that allegedly measured the air discharged from the facility, demonstrating that the odor levels were either immeasurable or well below the legal definition of a nuisance.

Richard Mayer, reporting for Journal & Topics explained that Prestige invested significantly in odor remediation equipment, spending $432,594 between 2019 and 2022. The company also expressed willingness to invest an additional $171,899 to install a special fan system to further address the odor complaints. Prestige shared multiple expert reports with village officials, asserting that the village lacks objective measurable or scientific data to counter their claims.

Prestige Feed Products sought legal recourse by requesting a court order blocking the village from taking further action against them. The company is also seeking damages for losses and expenses associated with the legal battle. However, the village recently withdrew a temporary restraining order after inspecting Prestige's facilities and acknowledging the installation of new equipment to control odors.

The outcome of this case could set a precedent for similar disputes between businesses and municipalities. It highlights the importance of addressing and mitigating any potential nuisances caused by industrial operations to maintain a harmonious coexistence between businesses and communities.

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