Kirtland Products filed an appeal Friday against Boyne City's Planning Commission, which forced them to shut down on January 21st.
Kirtland's conditional land use permit was revoked after an ongoing dispute in the community. The wood pellet manufacturer was the subject of several noise and odor complaints dating back to late 2011 when the plant first opened.
The Commission had given the plant a deadline to fix the noise problem through some type of infrastructure changes back in December. Commissioners had said they preferred to work with the plant to come to a solution, rather than shutting it down.
The appeal filed to Charlevoix County Circuit court states that Kirtland's procedural and substantive due process rights have been violated.
Kirtland believes the Planning Commission's actions should be reversed for a number of reasons.
They believe Boyne City's Planning Commission failed to provide notice to Kirtland before ordering their permit to be revoked.
Also, they cite that when the Planning Commission imposed a decibel limit upon operation it was illegal since no decibel limitations were imposed when it was issued.
Boyne City's attorney tells 7&4 News at this time, the city doesn'twant to comment on the pending appeal.
A court date has not yet been set.
