Judge turns away Prestige’s civil claims against Mount Prospect officials

Prestige Feed Products’ case against the village of Mount Prospect appears on track for a September trial date.

Last week, attorneys for the animal feed producer tried to add civil rights claims against three village officials. The move could have delayed the start of the trial.

But Cook County Judge Thomas More Donnelly rejected the request. In addition, Donnelly turned down Prestige’s bid to remove the City of Des Plaines from the case.

Prestige named Mayor Paul Hoefert, Village Manager Michael Cassady and Director of Building and Inspection Services Bill Schroeder in the latest complaint.

Prestige sought relief that included $50,000 in monetary damages.

During Thursday’s hearing, Donnelly said Prestige waited too long too file, trying to open the door to discovery after it had already closed.

Prestige claims the village has unfairly been trying to shut down its operation, which has aroused complaints from neighbors in Mount Prospect and Des Plaines about a “burnt cheese” odor from the plant. Recently, the Illinois attorney general’s office sued Prestige over odors and noise.

Prestige cited public statements at meetings and in the press by Hoefert and Cassady. It also accused village officials, including Schroeder, of harassment.

Prestige said it was issued a ticket in January for a fan installed in late 2023 to mitigate the odors. Prestige maintains it was told it failed to complete and submit a building permit application for the fan.

Then this month, Prestige claims, village officials and Schroeder informed Prestige the application would not be approved. They also indicated the village would reconsider all previously issued and approved building permits for Prestige’s equipment.

Both Prestige attorney Matthew Suhl and Judge Donnelly suggested the civil rights claims could be revived in federal court.

The judge did grant Prestige's request to receive information about Mount Prospect’s treatment of other businesses it prosecuted for similar violations.

Donnelly rebuffed Prestige’s attempt to dismiss Des Plaines from the case.

He gave Prestige attorney Margaret Manetti a week to refine her pleadings. Manetti claimed Des Plaines lacked standing.

“I'm not going to allow garbage pleading,” Donnelly said.

Another status hearing is scheduled for April 22.