Sibley, Iowa — A late appeal has been ruled inadmissible in the case in which Iowa Drying and Processing claimed the City of Sibley was not within their rights to enforce their odor ordinance as written.
The problem dates back over three years, with Sibley City officials accusing Iowa Drying and Processing, or IDP, along with its parent company ChemSol, of emitting noxious orders from their processing plant, which is located in the center of Sibley. The city, through the Osceola County Sheriff’s Office, issued several fines to IDP for noncompliance.
In 2018 IDP and ChemSol filed suit in federal court against the City of Sibley, for what the lawsuit called the City’s “arbitrary, capricious, and irrational method of enforcing the odor ordinance.” IDP contended that Sibley’s Nuisance Odor ordinance allows arbitrary standards as to what constitutes a noxious odor.
In June, a federal judge ruled “…the ordinance is a valid exercise of Sibley’s police powers, authorized by Iowa law, and constitutionally permissible.”
IDP and ChemSol officials wanted to appeal, but due to what appears to have been a clerical error, their attorney did not file the notice of appeal in a timely manner.
Recently, Federal Chief Judge Leonard T. Strand ruled that the delay would not be allowed. In his ruling, Judge Strand termed the delay “attorney inattention” and denied the plaintiffs’ motion for an extension of time to file a notice of appeal, which closes the case.
Photo by KIWA Staff
