The City Planning Commission initially revoked their conditional land use permit in January. 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.
A judge with the Charlevoix Circuit Court ruled that the commission did not have the power to revoke their permit.
He also noted that the permit itself did not have any noise or smell restrictions attached to it at the time they revoked it.
"The issue is still out there, the noises the plant created are still there," said Michael Cain, Boyne City Manager. "We are trying to figure out what if anything we can do at this point."
The City Manager says the planning commission will now reconvene to decide how to address the looming complaints.
Kirtland Products never closed their operation during the duration of the conflict.