Iowa Fertilizer Company hopes to complete its roughly $2-billion plant near Wever in the coming months. The ongoing construction, though, has resulted in a lawsuit against the company.
The lawsuit was brought by Frankie and Geriann Reyes who live off of 320th Avenue. It was originally filed in December against Lee County but has since been amended to include Iowa Fertilizer Company.
The Reyes' claim their health and well-being are being harmed by what they describe as "unpleasant and harmful materials, including fugitive dust" that is being spread on their residence and property.
They say the dust has been an issue since IFC started building its plant more than a year ago. The lawsuit states, "the construction of the fertilizer plant requires numerous trucks and automobiles to travel on a public roadway in front of the plaintiff's residence on a daily basis." Those vehicles are traveling, for the most part, from the plant to a rock quarry located at the end of 320th Ave.
Frankie Reyes started attending the weekly meetings of the Lee County Board of Supervisors to express his concerns He said not only were there a lot of trucks, but that were also speeding, which contributed to the problem.
The supervisors conducted a speed study and, based on the results, took no action in regard to Reyes' complaints, which he has also expressed to state agencies including the Iowa DNR.
After that, the Reyes took legal action. Their lawsuit states the couple has "incurred damages from the nuisance" including:
- past, present and future pain and suffering
- past, present and future medical expenses
- the impairment of the comfortable use and enjoyment of the plaintiff's home
- past, present and future loss of body function
They are seeking compensation for those damages. They also want Lee County to take action to prevent the excessive dust.
The county has filed a motion to have the amended lawsuit dismissed. A hearing on that request is scheduled for March 30.
