Neighbors Sue New Urbandale Hy-Vee Store for Noise, Odors and Disturbances

An Urbandale couple whose property is adjacent to the new Hy-Vee Store -- the grocery chain's newest and largest store -- say the shiny new super-sized supermarket has ruined their home.

The Des Moines Register reports that Michael and Susan House, who live at 8712 Horton Circle just northwest of the store, are suing Hy-Vee for damages. Polk County court records say the Houses' residence has lost value because of the “unreasonable noises, odors, fumes, vibrations and disturbances” coming from the new store.

The newspaper quotes court documents say the new store at 8701 Douglas Ave. “constitutes a permanent visual, light and noise nuisance” to the Houses’ home that is “injurious to the comfortable use and enjoyment of the property and is destructive and dangerous to the property and the building therein.”

The lawsuit seeks unspecified compensation for the reduced value of the Houses’ home since the 95,000-square-foot, $20 million Hy-Vee opened in August. 

The lawsuit also seeks reimbursement for “the impairment of the comfortable use and enjoyment” of the Houses' property, as well as for “the annoyance, discomfort, loss of sleep and disturbance” caused by having a Hy-Vee loading dock much closer to their home, the Register reports. The lawsuit seeks punitive damages in an amount not less than five times whatever actual damages a jury might award.

Hy-Vee spokeswoman Ruth Comer told the Register the compnay has been “working with the Houses for several years” and has offered to build the couple a fence.

“We’ve met all the required city building ordinances and codes,” Comer told the paper. “We’ve gone far beyond what’s required of us in terms of screening, landscaping and grading. ... We think we’ve made a very good-faith effort and gone beyond what’s required of us to try to minimize the impact of our store on their property.”

The couple did not comment for the Register story, but their attorney, George LaMarca, said an appraiser estimated that the Houses’ property has dropped in value by more than $50,000. The store is taller than a previous retail strip on the site and trees that screened the businesses from the Houses were removed.

“They can use their house as a residence, but they’ve lost the enjoyment of their house as they knew it before,” LaMarca said.