Asheville-area Human Waste Dumping Airbnb Owners Lose Lawsuit, Face Foreclosure

Asheville-area Human Waste Dumping Airbnb Owners Lose Lawsuit, Face Foreclosure

After suing a Weaverville couple for repeatedly dumping human waste from the “Secret Garden of Eden” trio of short-term rentals, Buncombe County won summary judgment in the case, preventing the owners from renting the properties and requiring them to obtain proper zoning permits and a wastewater disposal source.

Violation of Environmental Regulations

Since the lawsuit was filed, former short-term rental owners Sara Burrows and partner Brad Jordan have attempted to renounce their United States citizenship and made claims that county law did not apply to them. The couple also now face foreclosure on their property.

The couple had previously told that they used compost toilets in the rentals and would then dump renter waste “deep in the woods” on their property after the visit.

Legal Ruling and Action Taken

Superior Court Judge ruled in favor of the county, finding that the couple broke North Carolina General Statutes that regulate the disposal of wastewater and county and state laws regarding proper zoning and building permits. The couple had filed a motion to dismiss the claim, which was denied. None of the Secret Garden of Eden units are currently listed on any rental platform.

Public Health and Zoning Law

County Attorney noted that the county’s requests were “not unusual ask of every other resident or business person” and that the matter was one of public health and zoning law.

The investigation into the property had started after Buncombe County’s Environmental Health Department received a complaint in November about the couple dumping waste on their property. After zoning notices of violation had been filed for not having proper permits, Burrows and Jordan had accrued an estimated $19,600 in fines.

Defiant Actions in Court

Representing herself during the hearing, Burrows frequently interrupted the proceedings, claimed the court had no jurisdiction over her, and threatened to sue county officials. She made repeated objections to the legal process and insisted that laws did not apply to her.

Foreclosure and Property Auction

The ruling in favor of the county coincides with the impending foreclosure of the Weaverville property hosting the buildings. The 20-acre property is set to be auctioned as the couple is nearly 10 months behind on mortgage payments.

Court documents indicate that Burrows and Jordan had claimed to have paid off the property in December by “reclaiming” their Social Security accounts, but the bank refuted the payment in March, stating the mortgage remained unpaid.

Following the judgment, Burrows threatened to use force if anyone tried to address the issues on her property.

Conclusion

The legal battle and subsequent foreclosure serve as a cautionary tale about the consequences of disregarding public health and zoning regulations. The Asheville community remains vigilant in upholding environmental standards and lawful property management practices.