10 Jan 2nd-Jan 8th, 2025 phoenixnewtimes.com PHOENIX NEW TIMES | NEWS | FEATURE | FOOD & DRINK | ARTS & CULTURE | MUSIC | CONCERTS | CANNABIS | Smell You In Court Maricopa County sues Laveen composter over foul stench. BY TJ L’HEUREUX I n early December, when Phoenix New Times detailed how a pungent odor from Laveen composting company Growers Market was upset- ting residents, it seemed like the company would be making a quick exit. The county had ruled that the company didn’t have the proper permits and had begun fining the landlord $75 a day until it ceased operations. Neal Brooks, the owner of Growers Market, said he’d pull up stakes. “All we’re doing now is processing what’s on sight to leave,” Growers Market owner Neal Brooks said in early December. That doesn’t appear to be true. On Dec. 9, a source who lives in Laveen Village told New Times that Growers Market seemed to be “increasing their production instead of winding down in preparation for their move.” Now Maricopa County is making the same alle- gation in a lawsuit to force the company to shutter its operations. Maricopa County filed the lawsuit Dec. 18 in Maricopa County Superior Court, asking that a judge force the company to “immediately abate the nuisance by removing the offending compost and other related material.” The suit names Brooks and Tymon Bolton, who rents the property to Brooks and Growers Market, as defendants. Bolton declined to comment on it to Phoenix New Times. Brooks did not respond to New Times’ questions about the allegations in the lawsuit. According to the suit, neighbors have complained for much of the year about the smell coming from the site, which is located at 3100 West Dobbins Road. The suit says that since June, residents have submitted at least 875 complaints to three county agencies: the Planning and Development Department (55 complaints), the Air Quality Department (770) and the Environmental Services Department (50). One of those frustrated by the stench is Maricopa County Supervisor Steve Gallardo, whose district includes Laveen Village. “I coach a baseball team on a field two miles from this business, and the odor is overwhelming,” Gallardo said in a press release from the county. “The County received hundreds of complaints and inspected the property many times. It is time for the business to wrap up and move to a more appropriate area.” The lawsuit has been a long time coming. According to the suit, the county first inspected the site in July and ordered Bolton to comply with city zoning laws in August, but that order was ignored. When the county inspected the site again in September, “the compost heaps were large enough to be seen from 32nd Ave.” That triggered a hearing that was held on Nov. 5. On Nov. 8, a county hearing officer ruled that Growers Market was operating without a proper permit. Growers Market was ordered to cease operating and abandon the site by March 10, 2025. The hearing officer also assessed an immediate $750 fine, plus $75 more for each day the composter remained in operation. Caught on tape Though Brooks told New Times he was wrapping things up and not bringing in new composting material, the lawsuit alleges otherwise. Per the suit, a neighbor videotaped composting material being dumped onto the property on Dec. 1 and Dec. 4. The lawsuit also states that Brooks, during a Dec. 4 phone call with the county, “admitted to bringing additional materials on site in violation of the November order” and said he needed to bring drywall mate- rial to the site to mitigate the smell. A neighbor videotaped drywall material arriving on Dec. 9, the lawsuit noted. The board of supervisors voted to initiate the lawsuit during a Dec. 11 formal meeting, citing multiple inspections of the facility and authorizing the County Attorney’s Office to seek an injunction to enforce the zoning violation. When Brooks spoke to New Times in early December, he complained that his company had been unfairly targeted by residents, especially as composting is envi- ronmentally important and diverts waste from a landfill by converting it into healthy soil. In a March interview with 12 News, Brooks said Growers Market had received a $2.4 million grant for composting, though he did not specify who awarded it. Brooks represented the complaints as a frenzy. “I get four people, other neighbors, who say, ‘We don’t smell anything. We care about the environment, and we think this is a travesty of justice,’” Brooks said. “I made the mistake of forwarding that to a regulator, and somehow the neighbors got a hold of it and called and threatened the lady that made that comment.” However, a woman claiming to be the person Brooks referenced reached out to New Times on Dec. 12 to dispute parts of that characterization. “I am the woman that was ‘threatened’ for supporting the business,” she said. “I say it with quotes as I did not feel threat- ened per se, but a screenshot of a submis- sion I sent to (Growers Market), just stating I was sorry they were going through all this mob mentality panic, was shared on Nextdoor, and it had my email and phone number in it. While I didn’t appreciate that, I was more curious as to how this neighbor got ahold of it since it was sent to a code enforcement officer.” Brooks previously told New Times that Growers Market wouldn’t put up a fight to stay in the area by seeking the proper permits or by requesting a zoning change. He did not say whether the company plans to relocate. It remains to be seen how the lawsuit, which claims that some residents “have moved out of their homes to avoid the smell,” affects the company’s plans. “Businesses are welcome near residen- tial areas,” Gallardo said in the county release, “but their economic endeavors shouldn’t jeopardize the quality of life of their neighbors.” One recent day at Growers Market, excavator vehicles lumbered around heaping piles of organic material. (Photo by TJ L’Heureux) | NEWS | | NEWS |
