Attorneys explore DPI lawsuit: City not involved in recent inquiries | News, Sports, Jobs

News Photo by Steve Schulwitz Decorative Panels International sits on the shore of Thunder Bay in Alpena on Monday. The plant has produced an odor that the state calls overpowering and intolerable. Now, a Detroit law firm is gathering information from residents about a potential class-action lawsuit against the company.

ALPENA — A downstate law firm has mailed questionnaires to some Alpena residents to gauge the interest and viability of a class-action lawsuit against Decorative Panels International over an odor the state says the plant has produced that has raised the ire of locals this summer .

The letter, dated Aug. 17, was mailed by the firm Liddle, Sheets, and Coulson, from Detroit. The letter states it is advertising material and is seeking data about a potential lawsuit.

Liddle, Sheets, and Coulson did not immediately return a message seeking comment.

The letter is not connected to the city, Mayor Matt Waligora said.

The Alpena Municipal Council went into closed session last week to discuss possible litigation regarding DPI and the odor problem. The council took no action after returning to open session.

“I would just like our residents to know that city government is not associated with this class-action lawsuit investigation,” Waligora said in an email to The News.

The advertising material sent to residents, many of whom live in close proximity to the plant, claims the law firm is investigating the possibility of filing a class-action lawsuit against DPI. It tells residents that foul odors that interfere with a person’s ability to use and enjoy their home could entitle them compensation, as well as help eliminate future odors.

The letter also offers free consultation over the issue.

The mailing asks residents to answer several questions besides their name, address, and contact information. They are asked if they own, or rent, the home corresponding to their address, how long they have lived at the address, and if they have experienced any odors associated with the plant.

Residents are then asked to summarize how the odors have impacted their ability to use and enjoy their home.

If a resident submits the requested information, they could be contacted for followup information, but it would not establish an attorney-client relationship, the letter says.

On several occasions this summer, unpleasant odors have swept through the city, including downtown.

The smell — which is produced from the plant’s manufacturing process and storage lagoons, according to the state — has been described by state inspectors as being overpowering and intolerable for any length of time.

Earlier this month, the Michigan Department of Environment, Great Lakes, and Energy’s Air Quality Division released a violation notice, citing DPI for creating intolerable and overwhelming odors.

State inspectors classified the smell a Level 4 on EGLE’s odor scale, indicating “distinct and definite objectionable odor.”

The company has until Aug. 23 to reply to the state’s violation notice, but the notice doesn’t specify what steps EGLE will take if DPI fails to address the odor problem.

Last summer, the state issued a Level 3 violation against DPI when the business was discovered to have several piles of decayed byproduct waste on its property that had to be removed.

Frustrated residents have vented on social media about the odor and the impact it is having on their quality of life, and even held a rally outside City Hall demanding action.

In an email statement last week, Decorative Panels’ General Manager Daryl Clendenen confirmed the notice from the State and pledged to work with City officials to address the issue. He added the welfare of the community and its residents has been a high priority for more than a half-century.

“Our team is working towards resolving the issue urgently. We are also extending all the help needed to the city administration in this regard, Clendenen said in his email. “For more than 65 years, DPI has been a proud member of the Alpena community. The convenience and safety of the residents of the community is of prime importance to us. Over the last several years, we have been consistently investing in the plant efficiency and will continue to do so.”

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