City of South Portland v. Pine State By-Products, Inc.

WEBBER, Justice.

On July 25, 1967 defendant corporation, a rendering plant engaged in converting fish, meat and poultry waste products into commercially salable materials, was permanently enjoined from causing or allowing offensive odors injurious or dangerous to the health, comfort or property of individuals or of the public to escape from the defendant’s plant to such a degree that they are detectable in any manufacturing or military or other facility or place in the vicinity of its plant by a person of normal or average sensitivity to odors. 1

On August 10, 1971 the plaintiff City of South…