Court Cuts Residents' Claims In Distillery Odor Suit

Law360, New York (December 1, 2009, 5:48 PM EST) -- A federal judge has trimmed claims brought by a group of Bardstown, Ky., residents who allege a distillery operated by Barton Brands Ltd. emits foul odors and black dust that contaminate their homes and yards.

In an order signed Nov. 25 by Judge John G. Heyburn of the U.S. District Court for the Western District of Kentucky, the court nixed the plaintiffs' claims of nuisance and negligence against Barton Brands, a liquor producer, but left standing the claims for trespass under Kentucky law.

The judge also...
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