Lawsuit against Denver's Purina plant talks out about stench, impact on community
Another lawsuit has been filed against Nestle's Purina plant in Denver, located along I-70 and York Street. This time, 2,000 homeowners say the stench coming from the plant has impacted their lives in a serious way.
Summer is a time in which many people take advantage of the outdoors, but for one neighborhood in the Denver metro area, stepping outside is more of a hassle than a privilege.
Denver's Purina plant
CBS
"Vulgar and puke that dried in the sun," said Cole Guffey. "It almost burns your eyes or throat."
That is the description Guffey gives for the foul odor he smells multiple times a week when he steps out of his home in the Elyria-Swansea neighborhood.
"It's so bad that you cannot be outside, you don't really have a choice," said Guffey.
Guffey's been facing this nightmare for the last five years since moving here, a neighborhood that sits adjacent to the Nestle Purina food plant.
"I think it's probably one of the most prevalent staple conversations that everybody has, 'How's the smell?'" he said.
For many people living in the neighborhood, concerns with the smell coming from the plant have lingered much longer. The property has been a part of the area since 1930.
"It definitely makes it a nuisance to live around here," said Kevin Kerr, whose family owns a business near the food plant. "Property value I can understand it not being that high because of the smell, which sucks for the people, especially my uncle, because he's trying to sell [a] house right now."
Residents of Denver's Elyria-Swansea neighborhood have filed a lawsuit against Nestle's Purina plant.
CBS
The issue has become such a nuisance to people's lives, and the value of their property has become so great that Guffey joined in on a class action lawsuit against the pet food company on June 4.
"Just to represent everyone," he said about being one of the named plaintiffs in the lawsuit. "I think the smell can be contained. It could be diluted if they use the proper equipment to do so."
The lawsuit alleges the company has negligently constructed and maintained the facility in such a way that's caused noxious odors to invade neighboring homes.
"It's hard to find a place to rent in Denver," said Guffey. "So that's what's kept me here."
This is not the first time a lawsuit has recently been filed against the food plant by residents in the neighborhood. The same law firm that filed the latest suit also filed one on May 28, 2024. That case was dismissed late last month, but neither Guffey's attorney nor legal documents provided any information as to why the plaintiffs then dismissed the case.
A spokesperson for Nestle Purnia tells CBS Colorado they cannot comment on the specifics of pending litigation with this latest lawsuit, but they did issue this statement: "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."
Denver's Purina plant at I-70 and York Street.
CBS
Guffey, however, says the residents here are determined to see Purnia make changes that will keep the smell away.
"Any sort of containment would just be super helpful," he said.
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