Exterior of Prestige Feed Products on Lakeview Court in Mount Prospect’s Kensington Business Center. (Journal photo)
A class action lawsuit filed by residents last year seeking damages for allegedly noxious odors coming from Prestige Feed Products in Mount Prospect continues.
Prestige this week reached a settlement with the village of Mount Prospect and the city of Des Plaines that calls for the closure of the facility by Dec. 31.
The ongoing class action lawsuit, filed in Cook County Circuit Court, alleges that the Prestige has been emitting noxious odors that interfere with residents’ ability to use and enjoy their property. It alleges that approximately 4,000 residential properties within one mile of the facility are all similarly impacted by the odors.
The settlement between Prestige and the two municipalities that was approved June 16 by Des Plaines City Council and June 17 by the Mount Prospect Village Board, has no impact on the pending class action lawsuit.
According to the complaint, Illinois law allows residents to seek monetary damages for the odors they have experienced since May 2019 when the facility began operating — if they can prove that Prestige is the source.
Prestige Feed was given a Notice of Violation from the village of Mount Prospect the day after it opened for emitting noxious odors. The animal feed manufacturing plant, located in the Kensington Business Center, has since been the subject of thousands of community complaints and continued regulatory enforcement actions.
“This community has had to suffer for years smelling these foul and disgusting odors that blanket the neighborhood,” said Mary Beth Stillmaker, a named plaintiff in the class action lawsuit. “We can’t enjoy the outdoors at all when the smell is there, and it even comes into our homes when we try to close our windows and run our air conditioning. It’s terrible.”
The law firms representing the residents, Liddle Sheets, P.C. and Marshall Whalley & Associates P.C. have assured residents that the class action will forge ahead despite the facility’s closure.
The parties and lawyers for the residents are scheduled to appear for a hearing on Thursday, June 26 at noon in front of Judge Clare Quish in courtroom 2301 at the Richard J. Daley Center in Chicago.
As part of the settlement agreement between Prestige and both Mount Prospect and Des Plaines, Prestige has agreed to cease manufacturing operations at its facility by Dec. 31. Prestige will also reduce its manufacturing hours from 84 to 53 per week.
According to the settlement agreement, until Prestige ceases manufacturing, it will continue to be subjected to “rigorous” third-party monitoring. Mount Prospect published the fully executed settlement agreement on its Prestige-dedicated landing page on the village’s website within the Community Information and Fact Check Portal. The parties have agreed to limit their comments about the settlement.
When it comes to previously commissioned reports and, if necessary, tests related to those reports, the village will make those reports available to citizens in accordance with the Illinois Freedom of Information Act.
“The village, the city, and Prestige were looking at a trial date that would take the parties into October with potential appeals after that,” Mount Prospect Village Manager Michael Cassady said. “This agreement gives everyone certainty on an end date, allows for limited manufacturing hours including limited weekend hours through the summer, mitigates the risk of trial for both sides, gives Prestige the ability to determine its next steps, and saves our taxpayers hundreds of thousands of dollars in litigation and litigation-related costs.”
Des Plaines Mayor Andrew Goczkowski added: “The city deeply appreciates our partnership with the village in this litigation. Both municipalities engaged in litigation to protect the quality of life of our residents. I am pleased that this intergovernmental collaboration has led to a beneficial resolution. I thank our residents for their patience and understanding during this process.”
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