News File Photo The entrance to Decorative Panels International in Alpena is seen in this June 2022 News archive photo.

ALPENA — A $5 million class-action lawsuit has been filed against Decorative Panels International for the odor that was produced by the plant this summer.

The law firm, Liddle Sheets Coulson P.C., says in a press release it represents hundreds of area residents impacted by the strong smell. The residents claim the foul odor impacts their way of life and forbids them from using and enjoying their property.

The lawsuit was filed on Wednesday in the U.S. District Court Eastern Division.

A call seeking comment was made to Daryl Clendenen, DPI general manager at the company’s Toledo headquarters, but a voice message said the office was closed. The company has said it has taken steps to alleviate the smell.

“This defendant can no longer ignore its neighbors,” said Steven Liddle, lead counsel for the plaintiffs. “People are entitled to use and enjoy their property without a neighboring corporation polluting their air.”

In August, DPI was cited by the Michigan Department of Environment, Great Lakes, and Energy for the odor. The smell — which is produced through the plant’s manufacturing process and storage lagoons, according to the state — has been described by state inspectors as overpowering and intolerable for any length of time.

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

The violation notice does not say what consequences DPI could face if the smells continue.

“Although DPI is taking all care and devoting significant resources to responding to the (violation notice) and related complaints, the company respectfully denies that any ongoing nuisance-level odors are being created by DPI’s operations at this juncture,” the company said in its response to the state.

It is not the first time the plant has had a brush with the state over odors from the plant. 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.

A letter dated Aug. 17 was mailed to several Alpena residents by Liddle Sheets Coulson P.C., of Detroit, seeking data about a potential lawsuit.

Liddle said the law firm received calls from about 150 homes in the Alpena area, which he said equals hundreds of residents, when all occupants of the residences are considered.

“Plus,” Liddle said, “We’re still getting many calls a day.”

Liddle said the court will now wait for a response from DPI to the allegations before the case can begin to move forward.

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

The city is not part of the class-action lawsuit, although the Alpena Municipal Council went into closed session during a meeting last month to discuss possible litigation regarding DPI and the odor problem.

The council took no action after returning to open session.