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Judge dismisses company’s lawsuit over city’s odor ordinance

Ag/Outdoor, News

June 19th, 2019 by Ric Hanson

SIOUX CITY, Iowa (AP) — A northwest Iowa company that’s been fined thousands of dollars for the stink coming from its plant has lost its lawsuit targeting the city’s odor ordinance.
The Sioux City Journal reports that Judge Leonard Strand of the U.S. District Court in Sioux City granted the city of Sibley’s motion for a summary judgment. Strand disagreed with Iowa Drying & Processing’s contention that the ordinance was unconstitutionally vague.
Iowa Drying & Processing had said the city’s enforcement unfairly targeted the company and interfered with its efforts to sell the plant, which had drawn residents’ complaints for years.
One resident, Josh Harms, sued Sibley after city officials threatened legal action against him for saying on a website that Sibley smelled like “rancid dog food.” Strand ruled against the city in Harms’ case, barring officials from making more threats and ordering the city to pay him $6,500 in damages and $20,000 in legal fees.