$900k settlement wraps neighbors’ long fight with smelly Mount Prospect factory

A $900,000 settlement reached between the company that operated an animal feed plant in Mount Prospect and neighbors who complained about its smell will end a yearslong legal fight over odors.

The class-action lawsuit said residents living near the shuttered Prestige Feed Products facility at 431 N. Lakeview Court suffered hardship as a result of odors and noise.

Since the business opened in 2019, residents, as well as nearby businesses and even a school, complained about smells they likened to burned cheese.

At issue was Prestige’s process, which involved dehydrating and drying raw cheese and soy materials to produce animal feed ingredients, in particular a product known as “Cheese Supreme.”

Mary Beth Stillmaker, a plaintiff in the class-action suit and resident of an adjacent Des Plaines neighborhood, said she couldn’t enjoy sitting in her backyard, taking walks or opening windows if the wind was blowing her way.

“I cannot sleep in my bedroom nor open any windows due to the industrial fan operating all (night) long,” she added.

Fellow Des Plaines resident and plaintiff Sargon Merza said the odor and noise affected him while taking walks through his subdivision, tending to landscaping and even going to a nearby store.

“I have to continuously have a fan running all night long in my bedroom to overcome this unbearable industrial blower noise that goes on all night long,” added area resident Sami Arida.

Residents documented their concerns and, since 2021, submitted hundreds of complaints to Mount Prospect police.

After extensive litigation between Prestige and Mount Prospect and, eventually Des Plaines, a settlement last year led the company to cease operations at the factory.

Under the new settlement, Prestige Feed Products LLC and Cereal Byproducts Co. Inc. are released from further claims. They deny any wrongdoing and say they settled to avoid the costs of ongoing litigation.

The defendants or their insurers will pay $900,000 into a settlement fund. Anyone who owned, leased or rented residential property within a half-mile of the facility will have until June 5 to opt out or object. They have until June 20 to submit a claim for a share of the settlement.

Class action attorneys are eligible for up to one-third of the settlement value. Additionally, attorneys will seek a $10,000 service award for Stillmaker and Merza for their efforts on behalf of the class.

The settlement needs court approval. A hearing is set for July 21 in Cook County circuit court.

A separate lawsuit against Prestige by the state of Illinois remains active and may go to trial.

“The main thing is that they're gone,” Stillmaker said. “A lot of us believe that if we didn't file this class-action lawsuit, they would still be operating and we would all still be suffering.”

Merza said conditions have improved since Prestige shut down operations.

“So far, it’s been really quiet and no smell,” he said. “The main thing for me was just to get them out.”