SIBLEY, Iowa (KTIV) – A northwest Iowa company fined thousands of dollars for a stink that came from its plant will not get more time to file an appeal in a lawsuit against the City of Sibley, Iowa.
In June, U.S. District Court Judge Leonard Strand granted the city’s motion for summary judgment against the company.
He disagreed with Iowa Drying & Processing’s claim that the city’s odor ordinance was unconstitutionally vague.
Iowa Drying & Processing said the city’s enforcement unfairly targeted the company and interfered with its efforts to sell the plant, which had drawn complaints from residents for years.
On July 8, the company filed a notice of appeal for the summary judgment, three days after the deadline.
A day later on July 9 the company filed for an extension, which was denied.
In the ruling, the U.S Court of Appeals wrote: “The court has carefully reviewed the original file of the United States District Court and orders that this appeal be dismissed for lack of jurisdiction as untimely.”