Judge allows state’s lawsuit against Prestige Feed Products to move ahead

A judge Tuesday denied Mount Prospect animal feed producer Prestige Feed Products' request to dismiss a lawsuit filed against it by the Illinois attorney general’s office.

Prestige has sparked more than 1,000 complaints from nearly 150 residents about excessive noise and nauseating odors described as “burnt cheese” from its facility at 431 Lakeview Court, according to the state.

The company settled similar litigation with Mount Prospect and Des Plaines earlier this year, agreeing to cease operations by year's end, but still faces the state lawsuit and a separate class-action suit from neighbors.

During Tuesday's court hearing, Prestige's attorney Riccardo DiMonte argued the state must prove violations of emission standards set forth in state code — 24 dilutions for odors and 75 decibels for noise — rather than relying solely on resident complaints.

But Assistant Attorney General Chris Haddad Scanlon, citing Illinois Supreme Court precedent, countered that anti-pollution standards under state law include interference “with the enjoyment of life and property.”

Cook County Judge Patrick Stanton ruled the state presented sufficient facts to proceed with claims regarding air and noise pollution.

When the judge asked DiMonte if emissions below state standards would create “safe harbor” even while interfering with neighbors' property enjoyment, DiMonte maintained that without actual pollution, there could be no interference.

“Then the people who are saying they are smelling it must be lying,” Stanton suggested to DiMonte.

The state said it plans to present evidence from Illinois Environmental Protection Agency observers during the case proceedings.

The next court date is scheduled for Oct. 7.