Kentucky Residents Sue Distilleries Over Whiskey Fungus

[MacinJosh]

Not sure what to make of this one......thoughts?

http://m.kentucky.com/Lexington/db_295586/contentdetail.htm?contentguid=svSKh9Wg&full=true#display

[callmeox]

Here's the link for those not on a mobile device.

http://www.kentucky.com/2012/05/30/2206147/ky-residents-sue-distilleries.html

To me, this is no different than people moving next to an expressway and then complaining about the noise. It will be interesting to watch how the courts handle it.

I was told that a homeowner adjacent to the Four Roses Cox's Creek facility attempted to sue for the same thing and it was rejected. The homes near Barton 1792 Distillery get power washed a couple times a year as well.

[mosugoji64]

How long have the distilleries been there? And they just noticed that everything around them turns black? Just do what Barton did - paint everything black and no one will notice!

Seriously, wouldn't that have been something the realtor/seller would have to disclose before selling a house there so a potential buyer would know if they didn't already?

[tmckenzie]

I would imagine those distilleries where there first. But that does not matter these days.

[macdeffe]

But I really like the distilleries approach by their reply :

Heaven Hill spokesman Larry Kass, speaking for all three distilleries, said the companies are "sympathetic to the concerns" of the residents, but the blackening of the buildings and other structures is due to mold found throughout the environment, including areas not related to whiskey production.

Steffen

[cigarnv]

I have got that black stuff on my brick walkway...... Time for me to join this lawsuit as Bowman is only 45 miles down the road and I am sure they caused it.....

[Josh]

The fungus has been discussed on several past threads, the most recent of which was this one from last year:

http://www.straightbourbon.com/forums/showthread.php?t=16029

[MacinJosh]

The fungus has been discussed on several past threads, the most recent of which was this one from last year:

http://www.straightbourbon.com/forums/showthread.php?t=16029

Correct, and I saw those threads. This thread is more to the fact that the distilleries are actually getting sued now.....not a "what is black fungus" thread.

[smokinjoe]

Actually, they've been getting sued for years on this. There is a thread on here someplace about Barton getting sued for the same thing, some time ago.

[Josh]

I wasn't saying you shouldn't have started a new thread, Josh, I was directing people to where it had been discussed previously in case some newer members were not aware of the phenomenon.

In one of those past threads Bettye Jo attributes the complaints about the fungus to newcomers who bought houses near rickhouses and then were shocked and appalled that their houses were covered in black fungus just like everybody else's. I wonder how many of the participants in this lawsuit fit that category.

To continue Scott's analogy, I do live near an interstate, two of them actually, the noise is annoying (especially the traffic helicopters at 6 AM) and I do bitch about it on occasion. I would never try to sue or complain to some government authority, though, b/c I knew about the noise going in and, frankly, that was part of the reason the house was as inexpensive as it was.

[ethangsmith]

People need to grow up and stop being so rammy. If you don't like the mold- move. Duh.

[JayMonster]

This is simply more proof that there are simply too many lawyers looking to make a name for themselves or just treating these lawsuits as their own slot machines hoping for a big settlement where the only real winner is the lawyers.

[BourbonJoe]

Long live the black mold and cursed be the lawyers, may we find a way to transfer it directly to them.

Joe :usflag:

[cazolman]

Just saw this at the Jack Daniels distillery tour. It appeared to me that most of the darkest trees were within about 100 yards of the stills. After about 1/4 mile I did not notice any black mold on trees or buildings. Maybe I just didn't notice it or they regularly clean it off the visitor center?

Does anyone know how close these homes are to the distillery or rick houses? It seems like the ethanol or black mold would normally dissipate in the air before it got very far outside the distillery grounds.

This also reminds me of my other hobby: trains and railroads. I often hear people complain about the noisy trains near their home. Sorry, but those tracks have been there for 150+ years. What were you thinking when you bought the house?

[macdeffe]

In Scotland I would say the black mold is at a shorter distance, maybe just 30-50 meters. I took some movies at the Port Ellen Warehouses, the mold was there at 10 meters not 20

I reckon the size of the warehouse should have some importance here, but I totally agree this is very shortdistanced

Steffen

[MacinJosh]

Chuck recently blogged on the issue.

http://chuckcowdery.blogspot.com/2012/06/frivolous-fungus-suit-endangers.html?m=1