Judge won't dismiss lawsuit over West Valley City smell

SALT LAKE CITY — A judge has declined to dismiss a lawsuit filed by West Valley City over a noxious odor that sometimes plagues the community.

Court records show that at a recent hearing, 3rd District Court Judge Keith Kelly rejected a request by ET Technologies to dismiss the lawsuit filed by the city, allowing the case to go forward.

West Valley City sued the waste management company, accusing it of being responsible for a smell that sometimes drifts into the community. The city alleges ET Technologies has violated environmental laws and not done enough to mitigate the odor from its location in the Salt Lake County landfill, outside city borders. The city has also claimed the stench has affected its economic development prospects.

ET has denied the city's claims, saying West Valley City officials cannot prove they are responsible for the odor.

For years, some residents have complained of an odor similar to a "giant, soiled diaper" that forces them indoors. West Valley City collected complaints from residents as it prepared a lawsuit.