Staff Writer

 Mark Johnston said his demand of Maine Energy Recovery Co. is simple: “Stop the stink.”

The Maine Supreme Court has cleared the way for Johnston to proceed with a nuisance lawsuit against the company that operates a waste incinerator in downtown Biddeford, two-tenths of a mile from his Saco home.

Johnston, former Saco mayor and downtown business owner, said he is pleased with the unanimous June 10 decision by the state’s highest court that he has standing as a private citizen to sue the company. An earlier superior court decision dismissed Johnston’s lawsuit for lack of standing.

A spokesman for Casella Waste Systems, Maine Energy’s parent company, could not be reached for comment. Company officials in the past have denied the facility creates nuisance odors and say the incinerator is properly licensed.

Johnston alleges odors from Maine Energy intensified beginning in 1999, causing him to limit the use of his home, according to the Supreme Court decision. He also claims the odors have reduced the value of his property.

Johnston said he decided to sue the company because he wants the odors to stop. He said he is not asking for financial compensation.

 “If they cannot stop the stink, they need to be shut down,” he said.

Johnston said the odor is particularly strong on muggy summer days and the inside of his house smells like the Maine Energy tipping floor, where waste is temporarily stored.

 “I cannot open the windows in my home because the stench is going through the neighborhood,” he said. “There are times when I’m walking home the odor is so bad my lungs ache.”

 Johnston said he has more than 50 notarized testimonials from people in Biddeford and Saco about the affects of odors from the incinerator. Many people say the smell is a “detriment to the quality of life downtown,” he said.

Johnston said he and his lawyer, Eric Cote, will continue to collect statements from people about the company. The next step in the lawsuit is to enter mediation with Maine Energy, he said.