DENVER (KDVR) — A federal lawsuit was filed Tuesday, alleging the Purina pet food factory has a “noxious” odor that is seriously impacting the lives of residents nearby.
Plaintiffs Robert Fields and Lorena Ortiz, along with other residents in the area, claim they cannot hold outdoor events or even be outside for too long without feeling sick, according to the lawsuit. The firms Liddle Sheets Coulson and Fuicelli & Lee are representing the plaintiffs.
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The lawsuit claims more than 50 neighbors contacted the company. The class represents everyone within a mile of the factory.
According to the lawsuit, the odors negatively impacted approximately 2,000 homes near the plant. They say that negligence is the reason the plant produces odors.
“By constructing and subsequently failing to reasonably repair and maintain, Defendant intentionally and negligently caused an unreasonable and substantial interference with Plaintiffs’ interests in the use and enjoyment of their property,” the lawsuit alleges.
‘Like someone vomited in your backyard’
The Purina factory has stood at the foot of Interstate 70 on York Street since 1930. Complaints about bad odors from the factory have been around for years.
Class members and plaintiffs are quoted in the lawsuit regarding the effects of the odor, saying things like:
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“It’s like someone vomited in your backyard and then baked it in the sun and then you put a fan on the scent to circulate it.”
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“The smell is so strong it makes you gag.”
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“Can’t plan an event outside…Can’t have windows open”
The lawsuit also cites complaints to the Colorado Department of Public Health and Environment, where the odor allegedly exceeded permitted limits.
The lawsuit details one of those incidents where a notice of violation was issued in November 2021 after health department employees visited the facilities and determined odors exceeded allowable limits.
The city of Denver fined the plant the same year a $12,000 violation for “repeated noxious odors.”
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FOX31 contacted Nestle Purina about the lawsuit. They sent the statement below.
The lawsuit seeks damages and asks the judge to declare the factory a nuisance. FOX31 has reached out to the law firm representing the group and the plaintiffs for comment and has not yet heard back.
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