A company that makes cheese based livestock and pet feed has sued the village of Mount Prospect, claiming the municipality is planning to illegally yank their business license and put them out of business over allegedly bogus claims that they have created a public nuisance by smelling bad.
Prestige Feed Products filed suit in Cook County Circuit Court on May 25 against the Village of Mount Prospect, Village Manager Michael J. Cassidy and Village Mayor Paul Hoefert, as well as other village officials. The lawsuit claims the village has reneged on a previously held agreement to halt any legal action while Prestige works to resolve odor complaints from residents and which the village has said violates village ordinance.
Prestige is a light manufacturing business which manufactures and sells soy and cheese-based feed for livestock. Mount Prospect is threatening to revoke Prestige’s business license and occupancy permit on June 9, 2023, claiming that Prestige’s business is a “nuisance.” The village claims that Prestige’s business is a nuisance based on complaints about burnt cheese smells coming from its facility.
According to the complaint, Prestige commissioned two scientific odor studies in 2021 and 2022 which allegedly measured the air discharged from the facility. The data collected allegedly established that the level of odor discharged from Prestige’s facility was either immeasurable or well below the legal definition of nuisance.
In March 2021, the village allegedly gave Prestige time to address the complaints and take action steps to rectify the situation. According to the complaint, Mount Prospect in doing so established a moratorium on any action the village might take against Prestige. The tolling agreement provided two months in which to rectify a matter or potentially face litigation. The agreement allegedly included a final renewal date of December 31, 2023.
According to the complaint, Prestige has spent $432,594 on odor remediation equipment between 2019 and 2022 to achieve near zero measurable odors to operate in good faith. According to the complaint, the company is willing to invest an additional $171,899 to install a special fan system to further address odor complaints.
According to the complaint, Prestige shared multiple expert reports with village officials, while the village allegedly has no objective measurable or scientific data to counter. Notwithstanding, the complaint alleges Mount Prospect is currently threatening to to issue another “cease and desist order” and revoke Prestige’s occupancy permit and business license on June 9.
According to the complaint, the village rescinded its agreement with Prestige in April, allegedly claiming Prestige took no good faith action to address the concerns.
In a message to residents who complained about the smell, Village Manager Michael Cassidy said of the Village's actions:
"We are asking for patience to work through this process and we have witnessed the odor personally, but they have rights as a business and we recognize that as well."
In a statement to the Daily Herald, Mayor Hoefert said of the Village decision:
"Having a strong business community is important to all of us, but unless they (Prestige) can get a handle on this stench, which we thought they did, as far as I am concerned, this business probably doesn’t belong so close to residential,” Hoefert said. “They can stay if they can completely eliminate the stench. Unless they can completely eliminate the stench, this business needs to go.”
Prestige is asking the court to issue an order blocking the village from taking further action against them. They are also seeking damages for losses and expenses associated with the legal action.
Prestige is represented by attorneys Riccardo A. DiMonte, Anastas Shkurti, and Vlad V. Chirica, of the firm of Robbins Dimonte, of Park Ridge.