Residents lose appeal over odors from sugar processor

Bay City – The Michigan appeals court says time has run out for people to sue a sugar beet processor over odors.

The court Thursday reversed a decision by a Bay County judge and dismissed the case against Michigan Sugar of Bay City.

People living within 1 ½ miles of the beet processing plant say bad odors have ruined their ability to enjoy their properties. They say land values have fallen or will drop in the future.

But the appeals court says plaintiffs missed the three-year statute of limitations. The lawsuit was filed in 2016, but the odors go back more than three years.

In 2018, the Michigan Supreme Court in a case involving Dow Chemical contamination said the clock begins to run when the problem occurs.