City of Spencer sues processing plant due to ‘offensive’ smell
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SPENCER, Iowa (KCAU) — The City of Spencer has filed a lawsuit against IsoNova Technologies, LLC. for to emitting “noxious and offensive odors” near Stolley Park.

IsoNova Technologies LLC., is a company that produces egg protein and egg products for pets, according to their parent company’s website.

According to court documents, the City is asking IsoNova to cease operations because the smell is “injurious to the health, comfort, and safety” of those who may be using Stolley Park or areas surrounding the plant.

The documents claim that the issue has been occurring periodically since October 2021, impacting businesses and property owners near IsoNova.

The City has filed municipal infraction citations against the company through the Clay County magistrate court, which found Isonova guilty of creating a “nuisance offensive odor,” according to the lawsuit.

It was ordered that the company pay a civil penalty and abatement of the odor. The documents state that by failing to stop the smell, they were in contempt of the court’s order.

The documents indicate that the city is entitled to compensation due to damages caused by the smell, including discomfort, annoyance, inability to utilize outdoor facilities, and “other” damages. Additionally, is asking for a temporary injunction.

IsoNova answered the lawsuit denying the City’s claims, asserting that the City lacks standing in the petition. The answer also states that “any harm to the City is outweighed by the harm an injunction would cause.”

According to the documents, IsoNova has also denied that there is any danger presented by the smell and asserted that the plant is operating within the City’s zoning requirements.

A non-jury trial is scheduled for January 31 in Clay County.

KCAU 9 reached out to the City of Spencer, IsoNova Technologies LLC., and their legal representatives for statements and we will update this story with those statements once they are received.



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