Asheville-area human-waste-dumping Airbnb owners lose lawsuit, face foreclosure
ASHEVILLE - 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 June 26, preventing the owners from renting the properties and requiring them to obtain proper zoning permits and a wastewater disposal source.
Since the lawsuit was filed in February, former-short-term rental owners Sara Burrows and partner Brad Jordan have attempted to renounce their United States citizenship, made claims that county law did not apply to them and frequently threatened to sue county and court staff. The couple also now face foreclosure on their property.
The couple had previously told the Citizen Times that they used compost toilets in the rentals and would then dump renter waste "deep in the woods" on their property after the visit, scattering cedar chips around the disposed human waste.
Superior Court Judge Alan Thornburg 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. County records indicate the two rental buildings do not have permits.
The couple had filed a motion to dismiss the claim, which was denied April 15. None of the Secret Garden of Eden units are currently listed on any rental platform.
'This is public health law'
Representing the county in Civil District Court, County Attorney Curt Euler noted that the county requests, which eventually led to filing the lawsuit, were "not unusual ask of every other resident or businessperson" 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.
Euler noted that after zoning notices of violation had been filed for not having proper permits, Burrows and Jordan had accrued an estimated $19,600 in fine. The county "unfortunately had a very difficult time communicating with the couple" before and throughout litigation, he said.
Court documents show that the county reached out numerous times via email to resolve the violations before filing the lawsuit, but both Burrows and Jordan often responded with emails threatening to sue county staff and made claims that the court and county "didn't have jurisdiction" over them.
While in court, Euler noted that the couple had also prevented county staff from inspecting the buildings by blocking doors with furniture.
Weaverville couple opts for no lawyer
Representing herself pro-se during hearing, and repeatedly stating that she was at the court "under duress" and had been "coerced" to be there, Burrows threatened to sue county officials. At one point she said that "laws do not apply to me." Jordan did not attend the hearing.
During the hearing, Burrows frequently interrupted both Thornburg and Euler often to list objections to the legal process. After Euler presented the county's case against the couple, Burrows talked for nearly 20 minutes, often claiming the court didn't have jurisdiction over her and that the process of dumping human waste was part of their practice as an "organic permaculture farm."
"This could have very serious consequences for you," Thornburg said, lifting his hand from his head.
After which, Burrows called the court "pirate law" and threatened to sue both Euler and Thornburg. After the judgment went in the county's favor, Burrows said that if anyone came to her property to resolve the issues at hand, she would keep people out "with a gun."
Burrows had previously told the Citizen Times that she identified as an "American State National," a term Christine Sarteschi, a professor of social work and criminology at Chatham University in Pennsylvania, said was "for all practical purposes, excluding their preferred name," is in line with the sovereign citizens movement.
In a February article published in Police1, Sarteschi wrote that American State Nationals "assert they are not sovereign citizens," but intend to obtain documents that repudiate "their U.S. citizenship, thereby ending any 'contract' with the U.S. government."
"They believe this action exempts them from the jurisdiction of all U.S. laws and codes, rendering them immune to government interference in their lives," Sarteschi wrote, noting the tactics, behaviors, ideology and language of American State Nationals "align with the sovereign citizen movement."
Property to be sold at auction
The ruling in favor of the county comes as the Weaverville property that hosts the buildings will soon face foreclosure. Court documents indicate the 20-acre property will be sold at auction on July 1 due to the couple's being nearly 10 months behind on mortgage payments.
Burrows argued that they had paid for the property in December because they've "reclaimed" their Social Security accounts, out of which they would pay for the property, submitting a December request for payment from PNC Bank to the court stating "$354,450 PAID IN FULL."
PNC Bank responded to Burrows in a March letter, stating that the couple had not actually paid the mortgage.
The Citizen Times could not reach Burrows on June 27.
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Will Hofmann is the Growth and Development Reporter for the Asheville Citizen Times, part of the USA Today Network. Got a tip? Email him at [email protected]. Please help support this type of journalism with a subscription to the Citizen Times.
This article originally appeared on Asheville Citizen Times: Asheville-area human-waste-dumping former Airbnb hosts lose lawsuit
