WILKES-BARRE, LUZERNE CO. (WOLF) — For nearly a year, FOX56 has been following a situation surrounding an odor in West Wyoming Borough.

In February of last year, a heavily attended West Wyoming Borough Council meeting revealed the source of a citrus scent that worried many residents: a plant producing Kratom, located at 213 West 6th Street.

READ MORE: West Wyoming odor complaints reveal Kratom business, concerns to be addressed

The smell, many residents said, caused their eyes to burn, and their chests to tighten, although representatives of the kratom plant boasted the “wide-therapeutic index” of the substance producing the smell.

That city council meeting was just the start of a lengthy legal battle between the plant known as KB Crash Creations, their Landlord Don Zorenda and the residents of West Wyoming Borough.

Today, the first hearing of this case was held inside the Luzerne County Courthouse, after a previous hearing in June had been reassigned due to the judge being partial.

Just days before the hearing, Michael McCarrie and David Heim, the attorneys representing KB Crash Creations filed a motion in limine; A motion, with which Laura Dennis-Bovani, the special prosecutor representing the residents of West Wyoming Borough, disagreed.

“The defendants had filed what’s called a motion in limine to prevent certain testimony from coming in. They were trying to say the complaints essentially should not be allowed to testify to the smell. The judge dismissed that and said of course it was something he was going to allow,” explained Attorney Dennis-Bovani.

The defense also argued the case should be tried civilly, rather than criminally, arguing welfare is not an enforceable stance, and the property did not violate any zoning or health violations.

“We filed the motion as we were supposed to appropriately, representing KB Crash and it’s part of the protocol of being a lawyer. We did our job, Laura did hers, but that’s on hold right now,” said Attorney McCarrie.

On hold after council and presiding Judge Vough agreed to adjourn and reconvene in March, with full-day availability.

“Council for the borough and us are looking for a potential resolution. We, as they know, want to be and are good citizens of the Wyoming Borough Area, and we want to maintain that throughout the course of this process,” said Attorney McCarrie.

The prosecution is arguing the smell violates West Wyoming Borough’s Quality of Life Ordinance.

To support their case, the prosecution was able to call on one witness before the hearing was adjourned: Wyoming Area Regional Police Chief Michael Turner.

“He was very detailed in outlining many of the issues the residents are facing. They continue to suffer from the odor that comes from KB Crash. The citations we had today were from last year, they had been continued a few times,” said Attorney Dennis-Bovani.

READ MORE: Luzerne County parents raise concerns over bus stop near Kratom facility

Chief Turner described the smell as “toxic,” which KB Crash Creation’s lawyers objected to, having Judge Vough strip it from the record.

Chief Turner says he lives a third of a mile from the plant, and noticed the smell when playing outside with his 12-year-old son.

During his testimony, Chief Turner described the odor as “smacking you in the face, causing you to lose your breath.”

The defense had the chance to cross-examine Chief Turner, confirming the Wyoming Regional Police did not use any devices to measure or identify the odor, and confirming neither Chief Turner, nor his son, sought medical attention following their experience with the odor.

The case will be continued on March 3rd at 9am, unless an amicable resolution can be made between both parties during that time.