IDP Files Late Appeal To Federal Court Ruling

Sibley, Iowa — An appeal has been filed in federal court by Iowa Drying and Processing, appealing the ruling of a federal judge — that the City of Sibley was 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.

Last month, a federal judge ruled “…the ordinance is a valid exercise of Sibley’s police powers, authorized by Iowa law, and constitutionally permissible.”

IDP has appealed, but they have not filed a document stating the grounds for appeal. Also, due to what appears to have been a clerical error, IDP did not file the notice of appeal in a timely manner. Their legal counsel has filed a brief explaining the circumstances, but no ruling has been issued as to whether the delay will be allowed.

Photo by KIWA Staff

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