Judge Dismisses Spoil to Soil Lawsuit Against Summit County

Third District Judge Richard Mrazik dismissed Spoil to Soil's lawsuit against Summit County after property owners Jared and Kristen Clayton failed to serve the county within 120 days of filing their November complaint, removing a legal obstacle that could have forced the county to reverse its enforcement actions against the Browns Canyon composting facility.

The Claytons and Spoil to Soil's management company filed the suit in Summit County's Third District Court to contest the County Council's October decision to suspend the property's conditional use permit, which had allowed the parcel to operate as a recycling and composting business. The complaint asked Judge Mrazik to declare the county's actions illegal, nullify the permit suspension, stop county staff from pursuing further enforcement, authorize the business to work on remediation efforts, and award attorney's fees.

Summit County staff confirmed they were aware of the filing but had not yet been served and declined to comment, citing pending litigation.

The dismissal leaves the county's enforcement record intact and the facility shuttered, a significant outcome given Spoil to Soil's role in the county's waste stream. The Browns Canyon operation had diverted an estimated 75,000 tons of material from Summit County's space-constrained Three Mile Canyon landfill, serving as a preferred destination for yard waste and food scraps. With the facility closed, that diversion capacity is offline.

The Eastern Summit County Planning Commission unanimously revoked the property's permits in August, acting on a 55-page staff report assembled by county planner Amir Caus that catalogued dozens of perceived violations. The facility had originally been pitched to county officials as a tree farm, but investigators found no trees had been planted and documented trash and fecal matter in areas designated for tree growth. Caus additionally identified unauthorized burns on the property that triggered emergency responses from the South Summit Fire District and alleged encroachment on a neighboring landowner's land. The staff report also noted the conditional use permit prohibited anyone from dumping, delivering, or storing snow on the property, yet commissioners reviewed a photo of a truck allegedly delivering snow to the site as recently as March. County staff subsequently accused Spoil to Soil of operating as an unpermitted landfill, the charge that preceded the shutdown.

Because the court dismissed the case on procedural grounds rather than on the merits of the Claytons' claims, the ruling does not determine whether the county's enforcement actions were legally sound. Whether Judge Mrazik's order was entered with or without prejudice will determine whether the Claytons can refile; the full text of the order was not immediately available. Their complaint had specifically sought the right to pursue active remediation at the 45-acre site, but the path to resuming operations now runs either through a renewed legal challenge or a separate administrative appeal.

Summit County has prevailed in two other recent cases. Judge Karen Romeo dismissed Peak 7 homeowner Todd Ruelle's property tax suit against Assessor Lisa Eurich in December, with both parties absorbing their own costs. Federal Judge Gordon Gallagher also dismissed a challenge by roughly 100 homeowners to the county's short-term rental ordinance in June, which had imposed caps on rental licenses and booking limits since February 2023. Ruelle, a plaintiff in both suits, said the homeowner group was "considering potential next steps with our counsel.