DENVER (KDVR) — A federal lawsuit was filed Tuesday, claiming the Purina pet food plant has a “noxious” odor that severely affects the lives of the residents near it.

Plaintiffs Robert Fields and Lorena Ortiz, along with other residents in the area, claim they cannot hold outdoor events or even be outside too long without feeling nauseated, according to the lawsuit. The firms Liddle Sheets Coulson and Fuicelli & Lee are representing the plaintiffs.

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The lawsuit claims that more than 50 neighbors have contacted the firm. The class is representing anyone within 1 mile of the plant.

According to the lawsuit, the odors have negatively affected approximately 2,000 homes near the plant. They say negligence is the reason the plant is producing odors at all.

“By constructing and then failing to reasonably repair and maintain its facility, defendant has intentionally and negligently caused an unreasonable and substantial invasion of plaintiffs’ interest in the use and enjoyment of their property,” the lawsuit claims.

‘Like someone barfed in your back yard’

The Purina plant has been at the base of Interstate 70 on York Street since 1930. The complaints of foul odors from the plant have been present for years.

Punitive class members and the plaintiffs are quoted in the suit on the effects of the smell, saying things like:

• “It’s like someone barfed in your back yard and then it baked in the sun and then you put a fan on the smell to keep it circulating.”

• “The smell is so strong it makes you gag.”

• “Can’t plan an outside event … Can’t have windows open”

The lawsuit also cites complaints with the Colorado Department of Public Health and Environment, where the smell was reportedly beyond permit limits.

Listed in the suit is one of those incidents, when a notice of violation was issued in November 2021 after health department employees visited the facilities and found the odors exceeding the allowed limits.

The city of Denver in the same year issued the plant a $12,000 violation for “repeated of noxious odors.”

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FOX31 reached out to Nestle Purina regarding the litigation. They sent the statement below.

The lawsuit is seeking compensatory damages and is asking the judge to declare the plant a nuisance. FOX31 reached out to the law firm representing the class and plaintiffs for comment and have yet to hear back.

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