BAY CITY, Mich. (AP) — Residents who complained about foul odors from a sugar beet processor located in Bay City have 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.READ MORE: Michigan Matters: Where are the Female CEOs in Michigan?
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.READ MORE: MSU Police: Tip From Private Investigator Led To Discovery Of Body Believed To Be Brendan Santo
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.MORE NEWS: Consumer Alert: How To Avoid Fake N95, KN95 Masks
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