DENVER — Years of complaints about the smell coming from the Purina pet food plant in north Denver are now spelled out in a lawsuit that alleges 2,000 households near the plant have consistently been hit with “rancid,” and “noxious” odors.
“Plaintiffs and members of the putative class suffer serious discomfort because of Defendant's noxious odors that interfere with their use and enjoyment of property,” the lawsuit reads.
The suit which names Denver residents Roberts Fields and Lorena Ortiz as plaintiffs was filed on Tuesday against Nestle Purina Petcare Co., the owner of the plant which has been operating in the Elyria-Swansea neighborhood for decades.
The suit was filed by the Liddle Sheets Coulson law firm in Michigan and Fuicelli & Lee in Denver and claims the plant has “failed to install, maintain, operate, develop and/or implement adequate odor mitigating strategies….”
The suit cites numerous other complaints filed with the Colorado Department of Health and Environment.
“Purina is releasing something so toxic that it’s making our eyes water over a mile away,” one of the cited complaints reads.
“It’s like someone barfed in your backyard back and then it baked in the sun and then you put a fan on the smell to keep it circulating,” another complaint reads.
The plant has been the subject of complaints for years in Denver with some action taken against the plant by CDPHE and the City of Denver.
The city issued the plant a $12,000 violation in 2021 for “repeated emissions of noxious odors” according to the lawsuit.
The lawsuit says approximately 2,000 households are within the affected area, involving thousands of people.
The lawsuit is seeking “compensatory damages and attorney’s fees” and also seeks to get a judge to declare the plant a nuisance.
A Nestle Purina spokesperson sent this statement Wednesday afternoon:
"Purina is a proud member of the Denver community, and we’ve operated our York Street factory since 1930. Throughout this time, we have remained committed to being the best neighbor we can be, and that won’t change. Unfortunately, we cannot comment on the specifics of pending litigation."
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