A Cook County judge Monday denied Mount Prospect’s emergency request for a temporary restraining order against animal feed producer Prestige Feed Products.
Although the village provided ample testimony from neighbors about noxious odors reaching them from the plant at 431 Lakeview Court in Mount Prospect, Circuit Judge Clare Quish said the facts did not show “irreparable harm” without the emergency relief.
The village will continue to pursue remedies by asking for a preliminary injunction. Both parties are expected to be back in court Thursday.
The village sought to shut down Prestige until it puts in an odor mitigation system that complies with village code and pay for third-party testing acceptable to the village.
Mount Prospect’s attorney, Isaiah Fishman, argued Prestige violated the village’s zoning regulations for light manufacturing uses by not containing odors within the property, as well as the odor codes. He said tests by a third-party professional expert revealed the odor strength was “unprecedented,” with the level reaching 60 odor units after multiple readings, on consecutive days, well above the level of 30 that is “nausea inducing.”
He added the odor type was found to be offensive and described as “burnt, “rancid,” “spoiled mile” and “vomit.”
Fishman said there were 86 complaints from residents and businesses in August alone, including those from a student who became ill while waiting for a bus and business that performs taste testing.
Prestige’s attorney, Riccardo DiMonte, said closing would place a hardship on the company. He noted the business generated nearly $450,000 in gross monthly revenue and $175,000 net. Closing the plant would put 15 workers out of work immediately. He added Prestige has contractual obligations. He said Prestige has invested $3.5 million in the facility.
Calling the village’s motion a “fairy tale,” he said Prestige is not producing odors above legal thresholds. Noting the business has been operating since 2019, he asked where was the village’s motion for a restraining order during its first years of operation.
Prestige halted operations for most of the weekend so the two sides could negotiate over hours of operation and testing. Although DiMonte felt the two parties made substantial progress, Fishman said Prestige did not offer to substantially change its hours of operation.