MENOMONEE FALLS (WITI) -- On Wednesday night, April 9th, the Village of Menomonee Falls' Plan Commission voted "no" on allowing Chemworks to move in.
The Village of Menomonee Falls Plan Commission has the final say in this case. The Plan Commission says safety and odor concerns led to the decision.
Advanced Waste Services -- Chemworks' parent company had already been issued an occupancy permit for the use of the site, located on Lilly Road. That permit was granted in September of 2013.
However, hundreds of Menomonee Falls residents said they don't want the company moving in.
Chemworks is a waste water treatment facility that has operated out of the Miller Valley in Milwaukee. The company had numerous odor complaints and environmental fines when they were located there.
Advanced Waste Services officials have claimed those problems would be a thing of the past.
In March, hundreds showed up at Ben Franklin Elementary School to voice their objections to the company moving in.
One week before, Advanced Waste Services officials made their case to the Plan Commission.
The Village of Menomonee Falls Plan Commission had the task of determining whether zoning on the land in Menomonee Falls is a match for what Advanced Waste Services/Chemworks wants to use it for.
Advanced Waste Services has filed a Notice of Claim against the Village of Menomonee Falls asserts, among other things, that the Village of Menomonee Falls’ referral of the AWS occupancy permit to its Plan Commission is illegal, is a violation of the company’s constitutional rights and is not in compliance with Village ordinances.
Among other relief, the claim seeks damages against the Village in excess of $2 million.
After Wednesday's decision, Advanced Waste Services' president declined to speak with FOX6 News. A company spokesperson, however, read a written statement that said the company is exploring its options.
Monitor FOX6 News and FOX6Now.com for updates on this story.