Spoil to Soil will not be allowed to operate its Brown Canyons composting and recycling facility until its conflict with the Summit County government is resolved in Third District Court following a judge’s ruling this week.
The business filed a lawsuit against the county in April, alleging the government erred in suspending the conditional use permit that allows Spoil to Soil’s operations in Browns Canyon. The complaint accused county officials of engaging in a “procedural ambush” without proper notice informing the landowners of violations or providing enough time to fix the perceived issues.
Spoil to Soil requested a temporary restraining order shortly after filing the lawsuit, which could have potentially allowed the business to operate without its conditional use permit until a court decision is reached. The company’s attorneys argued the Summit County Council’s actions shuttered legal business operations. They claimed it was likely Spoil to Soil would prevail in the lawsuit because the county “failed to provide meaningful notice” of violations in accordance with state and local laws.
The motion also alleged Spoil to Soil is suffering “irreparable harm” because of the closure.
“Petitioners have been unable to operate, generate revenue, maintain customer relationships or complete remediation activities required by the (notices of violation),” the document said. “Petitioners have repeatedly explained that the continued shutdown is causing significant business disruption and preventing them from generating the income needed to continue site improvements.”
However, Summit County attorneys argued that Spoil to Soil is misrepresenting the proceedings that led to the permit’s revocation. They said the landowners are portraying the shutdown as a “‘procedural ambush’ while seeking to reopen a site that the Utah Department of Environmental Quality has confirmed operates without any valid commercial composting permit,” according to court documents.
The county government also pointed out that the County Council has not yet decided on Spoil to Soil’s appeal. Instead, they said the action closing the recycling facility in October was an “intermediate” step to allow the business to fix the alleged violations.
“(Spoil to Soil) accepted the six-month cure path in October 2025, voluntarily ceased operations the same day the council acted and waited until the cure deadline expired to seek emergency relief: conduct that defeats any claim of irreparable urgency,” said Summit County’s response. “The specific harms they identify … are economic injuries they themselves seek to recover as money damages.”
Third District Judge Richard Mrazik ultimately sided with the county government, ruling that Spoil to Soil did not show “substantial likelihood” that it would win the lawsuit. He also stated he was “not persuaded (Spoil to Soil) will suffer irreparable harm” if operations remain restricted and denied granting the recycling facility a temporary order.
The Eastern Summit County Planning Commission revoked Spoil to Soil’s conditional use permit last year after county officials presented a 55-page report detailing dozens of reported violations on the property, including unauthorized trash and animal carcasses.
The company appealed the decision to the County Council, and councilors subsequently offered the business six months to fix any outstanding violations. However, Spoil to Soil told councilors at a later meeting that they couldn’t remove trash and other issues if they weren’t allowed to operate machinery on the property.
The six months ended on April 15, the same day Spoil to Soil filed its lawsuit against the county government.