Sibley, Iowa — The latest chapter is about to be written in the feud over noxious odors allegedly emitted from a plant in the town of Sibley.
The problem dates back about two 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.
In April of 2016 the Sibley City Council held a public hearing into the matter and gave IDP a list of options for mitigating what the City called, “the nuisance odor.”
Each side then sued the other in mid-2016, with both suits being dropped in June of last year.
Now IDP and ChemSol have filed suit in federal court against the City of Sibley, for what the lawsuit calls the City’s “arbitrary, capricious, and irrantional method of enforcing the odor ordinance.” IDP contends that Sibley’s Nuisance Odor ordinance allows arbitrary standards as to what consitutues a noxious odor.
The company also accuses the City of Sibley with Violation of Due Process under the 14th amendment to the U.S. Constitution.
The suit alleges that, as a direct result of actions taken by the City of Sibley, IDP has incurred, and continues to incur, damages in excess of $3.5-million. In addition, the lawsuit says the City’s interference with IDP’s operations and effort to sell the facility caused the company to suffer, and continue to suffer damages in excess of $2-million.
IDP’s complaint seeks a declaratory judgement that Sibley’s City Code on noxious odors is unconstitutionally void for vagueness, an order that Sibley’s enforcement methods violates IDP’s due process rights, as well as monetary damages for IDP’s attorneys’ fees, costs, and disbursements in the action, as well as such other and further relief as the Court may deem just and reasonable.
IDP is demanding a jury trial in the case.
To read IDP’s lawsuit filing, CLICK HERE.
