Residents complaining about odors from a sugarbeet processor in Bay City, Michigan, have a lost a key decision at the Michigan Court of Appeals.
Michigan Sugar, which turns beets into sugar, is accused of depriving people from enjoying their property because of odors.
But the appeals court said Mikkie Morley and Jonathan Morley, who moved into their home in 2016, haven't exhausted the complaint process at state agencies. The court also dismissed a separate negligence claim.
"The alleged noxious odors in this case amount to a transitory condition and the Morleys have not alleged that the condition has physically damaged their property," the court said in a 3-0 opinion on Nov. 18.
Laura Sheets said her law office has been contacted by hundreds of residents.
Michigan Sugar's attorney, Brion Doyle, said millions of dollars are being spent to control odors under a previous agreement with state regulators.