Friday, June 11, 2010 at 10:52 AM Suit Complaining of Odor May Proceed, Says Maine's Law Court
The Maine Supreme Judicial Court ruled on Thursday that a Saco resident’s complaint alleging a private nuisance based on odor fulfilled the legal requirements of a proper complaint, and should not have been dismissed.
Mark Johnston’s suit claims that Maine Energy Recovery Co., which operates a solid waste incinerator in Biddeford, commits a nuisance by allowing foul odors to reach Johnston’s property. Johnston claims that he no longer opens his windows regularly in the summer time because, if he does, his house smells like garbage. He also does not use his backyard, and claims to suffer from headaches and respiratory discomfort due to the odor.
Johnston seeks damages for the harm he has alleged and the decrease in the value of his property, as well as an injunction to force MERC to stop committing the nuisance against his property.
The superior court had initially dismissed Johnston’s claim. The Law Court’s June 10, 2010, opinion will allow the case to proceed.
The case is Johnston v. Maine Energy Recovery Co., L.P., 2010 ME 52 (PDF or HTML).
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