The class action lawsuit was filed in St. Johns County Circuit Court, requesting a jury trial, and assigned to 7th Judicial Circuit Court Judge Howard M. Maltz:
IN THE 7th JUDICIAL CIRCUIT
IN AND FOR ST. JOHN’S COUNTY, FLORIDA
Division: 55
Case No. CA25-0834
SONYA FRY, HEATHER BABCOCK,
TRENT TURNER, BREANNE TURNER, ZEIDA
GUTIERREZ and ROBERT WARNER, individually, and on behalf of all others similarly situated ,
Plaintiffs,
v.
INDIANHEAD BIOMASS, LLC
Defendants.
JURY TRIAL DEMANDED
CLASS REPRENSENTATION COMPLAINT & DEMAND FOR JURY TRIAL
Plaintiffs Sonya Fry, Heather Babcock, Trent Turner, Breanne Turner, Zeida Gutierrez and
Robert Warner, individually and on behalf of all other similarly situated, and by and through
undersigned attorneys Nidel & Nace, PLLC and Nace Law Group bring this civil action to obtain
damages, injunctive relief, and costs of suit from Defendant Indianhead Biomass LCC and
complain and allege, as follows:
INTRODUCTION
1. Plaintiffs Fry and Babcock bring this action to protect their homes, peace and
enjoyment from an unwelcome intruder — Indianhead’s noxious and foul odors caused by the
storage, spreading, and processing of human feces.
2. Indianhead, a composting and sewage sludge processing plant, is releasing
substantial and unreasonable noxious odors feces that creates a significant and unreasonable
interference for many residents of the Morgan’s Cove neighborhood and surrounding areas in an
approximately 2-mile radius.
1
Accepted 06/18/2025 02:01 PM by the Clerk of the Circuit Court, St. Johns County, Florida, DIN: 43. Indianhead’s operation and maintenance of the Plant wrongfully and tortiously
released odors that have invaded and continue to invade Plaintiffs’ property causing significant
and unreasonable damages.
PARTIES
Plaintiffs
4. At all times relevant, Plaintiff Fry has and currently resides at 135 Sailors Landing
Court, St. Augustine, Florida 32084.
5. At all times relevant, Plaintiff Babcock has and currently resides in Morgan’s Cove
at 922 Morgans Treasure Road, St. Augustine, Florida 32084.
6. At all times relevant, Plaintiffs Trent and Breanne Turner have and currently reside
at 1170 Morgans Treasure Road, St. Augustine, FL 32084.
7. At all times relevant, Plaintiffs Zeida Gutierrez and Robert Warner have and
currently reside at 1163 Morgans Treasure Road, St. Augustine, Florida 32084.
Defendant
8. Defendant Indianhead Biomass, LLC (“Indianhead”) is a Floridia limited liability
corporation with its principal place of business at 2460 Old Moultrie Road, Suite 1, St. Augustine,
Florida 32086.
9. At all times relevant, Indianhead and its agents constructed, owned, operated and
maintained the Plant located at 2020 Country Road 214, St. Augustine, Florida 32084.
JURISDICTION & VENUE
10. This Court has personal jurisdiction over Indianhead pursuant to FLA. STAT. §
48.193 because Plaintiffs’ claims arise out of Defendant’s contacts, acts, and omissions within the
State of Florida such that the exercise of such jurisdiction is consistent with due process under the
United States Constitution.
211. Venue is appropriate in St. John’s County, because the acts which give rise to this
Complaint occurred and continue within St. John’s County and Plaintiffs’ property which has been
damaged by Indianhead’s conduct is situated in St. John’s County.
12. Defendant engaged in discrete wrongful and tortious actions and omissions that
occurred within the last four years.
13. | The amount in controversy exceeds $15,000.
FACTS COMMON TO ALL CAUSES OF ACTION
14. Plaintiffs are forced to live with offensive and noxious odors from the storage,
processing, and spreading of human feces on a persistent and regular basis due to Indianhead’s
activities.
15. Indianhead, through its reckless and negligent conduct is releasing substantial and
unreasonable noxious odors that creates a nuisance for homeowners in the nearby Morgan’s Cove
neighborhood and surrounding communities.
16. Indianhead combines the human fecal waste with yard debris to create compost that
it euphemistically sells as “fertilizer.”
17. Upon information and belief, the Florida Department of Environmental Protection
(“DEP”) received more than 1200 complaints from residents surrounding the Indianhead
operations, many of them in Morgan’s Cove.
18. | Upon information and belief, the odor is impacting residents within a 2-mile radius.
19. Upon information and belief, DEP has issued violations to Indianhead for failing to
process waste to prevent the spread of disease, among other violations.
20. | Upon information and belief, in or about 2023, DEP determined that Indianhead is
the sole source of the fecal odor.
321. Upon information and belief, in or about March 2023, DEP and Indianhead
created an “Odor Management Plan” that has not led to any changes at the Plant or any
enforcement by DEP.
22. According to local news reporting, St. John’s County issued a letter dated April 11,
2025, finding multiple violations at the Plant, including unauthorized waste handling, fire hazards,
excessive operating hours, and waste piles that exceed permitted height limits and other similar
concerns cited as ongoing threats to public health and safety.
23. On a regular basis, Plaintiffs’ properties including their residences, yards and
neighborhoods have been, and continue to be, physically invaded by Indianhead’s noxious and
offensive odors, pollutants and air contaminants.
24. The noxious and offensive odors, pollutants, and air contaminants entering
Plaintiffs’ property originated and continue to originate from the Plant.
25. Indianhead has failed to employ adequate odor mitigation strategies to prevent the
odors generated at the Plant from traveling offsite, including, without limitation:
a. failed to install, maintain, and operate an effective odor mitigation system;
b. failed to adequately cover the waste in its Plant to control the emission of odors;
c. failed to utilize adequate odor reduction practices in the receipt, processing, and
covering of waste and in the production of its products;
d. failed to properly collect, treat, and dispose of contaminants and toxins;
e. failed to utilize adequate operational practices to minimize and/or treat odors
generated at the Plant; and
f. otherwise failed to adequately employ odor mitigation strategies to prevent the
migration of odors off-site.
426. Upon information and belief, Defendant constructed and/or directed the
construction of the facilities and exercised control and/or ownership over the Plant.
27. | Members of the class of similarly situated individuals, who consist of an estimated
several hundred households, have communicated with undersigned counsel regarding the
detrimental impact of the Plant’s odors have had on their lives and their ability to use and enjoy
their homes and properties.
28. The invasion of pollutants, offensive odors, and air contaminants upon Plaintiffs’
properties have caused Plaintiffs to suffer impacts including, but not limited to, irritation, nausea,
headache, and unreasonable interferences due to the repeated and prolonged exposure to
pollutants, noxious and offensive odors, and air contaminants.
29. The invasion of pollutants, offensive odors, and air contaminants upon Plaintiffs’
properties have significantly and repeatedly interfered with Plaintiffs’ use and enjoyment of their
property.
30. Defendant intentionally, recklessly, willfully, wantonly, maliciously, grossly and
negligently failed to construct, maintain and/or operate the Plant, and caused the invasion of
offensive odors, air contaminants, and other airborne pollutants upon Plaintiffs’ properties on
regular and consistent dates.
31. Defendant is vicariously liable for all damages suffered by Plaintiffs, caused by
Defendant’s employees, representatives and agents, who, during the course and scope of their
employment, allowed or failed to correct the problem(s) which caused offensive odors, and air
contaminants to physically invade Plaintiffs’ property.
32. A properly operated, controlled, maintained, and/or constructed plant will not emit
offensive odors into the surrounding residential areas.
533. Defendant’s operation, maintenance, control, and use of its facility has caused
offensive odors to invade Plaintiffs’ properties, and all others similarly situated, causing property
damage.
CLASS REPRESENTATIONS ALLEGATIONS
34. Plaintiff brings this action individually and on behalf of all persons as the Court
may determine to be appropriate for class certification pursuant to FLA. R. CIv. P. 1.220.
A. Class Definition
35. Plaintiffs seek to represent a Class of persons preliminarily defined as:
All owner-occupants and renters of residential property
within two miles of Indianhead between two years prior
to the date of this case was filed and the present.
31. The definitional boundary is subject to modification as discovery will disclose the
location of all persons properly included in the Class (“Class Members”). Plaintiffs reserve the
right to propose one or more sub-classes if discovery reveals that such subclasses are appropriate.
32. This case is properly maintainable as a class action under FLA. R. CIv. P. 1.220
because:
a. The class, which includes hundreds of members, is so numerous that joinder of all
members is impracticable;
b. There are substantial questions of law and fact common to the class including those
set forth herein;
c. The claims of the representative parties are typical of the claims of the class;
questions of law and fact such as those enumerated herein, which are all common
to the class, predominate over any questions of law or fact affecting only individual
members of the class;
6d. A class action is superior to any other type of action for the fair and efficient
adjudication of the controversy;
e. The relief sought in this class action will effectively and efficiently provide relief
to all members of the class;
f. There are no unusual difficulties foreseen in managing this class action; and,
g. Plaintiffs, whose claims are typical of those of the Class, through their experienced
counsel, will zealously and adequately represent the Class.
B. Numerosity
33. The Class consists of hundreds if not thousands of members and therefore is so
numerous that joinder is impracticable.
C. Typicality
34. Plaintiffs have the same interests in this matter as all other members of the Class
and her claims are typical of all members of the Class. If brought and prosecuted individually, the
claims of each Class Member would require proof of substantially the same material and
substantive facts, utilize the same complex evidence including expert testimony, rely upon the
same legal theories and seek the same type of relief.
35. The claims of Plaintiff and the other Class Members have a common cause and
their damages are of the same type. The claims originate from the same failure of the Defendant
to properly construct, maintain and operate the Plant.
36. All Class Members have suffered injury in fact due to the invasion of their property
by Indianhead’s release of noxious odors.
D. Adequacy of Representation
737. Plaintiffs’ claims are sufficiently aligned with the interests of the absent Class
Members to ensure that the Class claims will be prosecuted with diligence and care by Plaintiff as
representative of the Class. Plaintiffs will fairly and adequately represent the interests of the Class
and do not have interests adverse to the Class.
38. Plaintiffs have retained the services of counsel who are experienced in complex
class action litigation and in particular class actions involving neighborhood environmental
concerns, including the emission of noxious odors. Plaintiffs’ counsel will vigorously prosecute
this action and will otherwise protect and fairly and adequately represent Plaintiffs and all absent
Class Members.
E. Commonality and Predominance
39. | Numerous common questions of law and fact exist and predominate over any
individual questions affecting Class Members, including, but not limited to:
a. Whether and how Defendant wrongfully, negligently, knowingly, intentionally,
recklessly, and grossly failed to construct, maintain, control and operate the
Plant, causing noxious odors to invade Plaintiffs’ properties;
b. Whether Defendant owed any duty to Plaintiffs;
c. Whether Defendant breached that duty to Plaintiffs;
d. Which steps Defendant has and has not taken to control its emissions through
the maintenance and/or operation of its facility;
e. Whether and to what extent the facility’s emissions were dispersed over the
class area;
8f. Whether it was reasonably foreseeable that Defendant’s failure to properly
maintain, operate, and/or construct the facility would cause an invasion of
Plaintiffs’ property interests;
g. Whether the degree of harm suffered by Plaintiffs and the class constitutes a
substantial annoyance or interference;
h. The proper measure of damages incurred by Plaintiffs and the Class;
And other common questions predominate over uncommon questions.
F. Class Treatment is the Superior Method of Adjudication
40. — Acclass action is superior to other methods for the fair and efficient adjudication of
the controversies raised in this Complaint because:
a. Concentrating these claims in one action will achieve efficiency and promote
judicial economy while avoiding differing rulings and outcomes of the same
issues.
b. There is no known litigation already commenced by or against members of the
class involving any of the same issues.
c. The forum is appropriate as the conduct complained of occurred in St. John’s
County, Indianhead’s business is located in St. John’s County, and all class
members reside in St. John’s County when injured.
d. Given the complexity and expense of litigation, individual claims by the Class
Members would be impracticable as the costs of pursuit would far exceed what
any one Class Member has at stake.
e. The proposed class action is manageable based on Plaintiffs’ counsel’s
experience.
941. The prosecution of separate actions by or against individual members of the Class
would create the risk of (1) inconsistent or varying adjudications with respect to individual
members of the Class, which could establish incompatible standards of conduct for the party
opposing the Class; and (ii) adjudications with respect to individual members of the Class which
would as a practical matter be dispositive of the interests of the other members not parties to the
adjudications or substantially impair or impede their ability to protect their interests.
42. Notice can be provided to class members by U.S. Mail and/publication.
CAUSE OF ACTION I
PRIVATE NUISANCE
43. Plaintiffs re-allege and reaffirm each allegation set forth above.
44. The noxious and offensive odors, which entered Plaintiffs’ property originated
from the Plant constructed, maintained, controlled, and operated by Defendant.
45. The offensive odors invading Plaintiffs’ properties are indecent and offensive to the
senses, and obstruct the free use of their property that substantially and unreasonably interfere with
the comfortable enjoyment of life and property, including but not limited to:
a. preventing Plaintiffs and their families from spending time outside;
b. preventing Plaintiffs and their families from partaking in outdoor activities;
c. causing Plaintiffs and their families to remain inside their homes and forego use
of their yards;
d. causing Plaintiffs and their families to keep their doors and windows closed due
to the offensive odors; and,
e. causing Plaintiffs embarrassment and reluctance to invite guests to their homes.
46. The nuisance is recurring and ongoing.
47. The nuisance is abatable.
1048. Plaintiffs did not consent to offensive odors to enter and settle upon their property.
49. __ By causing offensive odors produced and controlled by Defendant to physically
invade Plaintiffs’ land and property, Defendant intentionally, recklessly, and negligently created a
nuisance which substantially and unreasonably interfered with Plaintiffs’ use and enjoyment of
their property.
50. | Whatever social utility Defendant’s facility provides is outweighed by the harm
suffered by the Plaintiffs and the putative class, who have on frequent occasions been deprived of
the full use and enjoyment of their properties and have been forced to endure substantial loss in
the value of their properties.
51. Defendant’s substantial and unreasonable interference with Plaintiffs’ use and
enjoyment of their property constitutes a nuisance for which Defendant is liable to Plaintiffs for
all damages arising from such nuisance, including compensatory and exemplary relief since
Defendant’s actions were, and continue to be, intentional, willful, malicious and made with a
conscious disregard for the rights of Plaintiffs, entitling Plaintiffs to all compensatory damages
and injunctive relief.
CAUSE OF ACTION II
NEGLIGENCE
52. Plaintiffs re-allege and reaffirm each allegation set forth above.
53. In maintaining, operating, controlling, engineering, constructing, and/or designing
the facility, Indianhead has a duty to exercise ordinary care and diligence so that offensive odors
do not invade Plaintiffs’ property.
54. Indianhead knowingly breached its duty to exercise ordinary care and diligence
when it improperly maintained, operated, engineered, constructed, and/or designed the facility and
11knew, or should have known, that such actions would cause Plaintiffs’ property to be invaded by
offensive odors.
55. Asa direct and proximate result of Indianhead’s failure to exercise ordinary care,
Plaintiffs’ property is physically invaded by offensive odors.
56. The invasion and subsequent damages Plaintiffs suffered were reasonably
foreseeable by Defendant.
57. As a direct and proximate result of Defendant’s negligence in operating,
maintaining, and/or constructing its facility, Plaintiffs’ property is exposed to and invaded by
offensive odors.
58. As a direct and proximate result of invading Plaintiffs’ property by offensive odors,
Plaintiffs have suffered damages.
59, Indianhead is vicariously liable for the negligence of their employees,
representatives, and agents, who, during the course and scope of their employment, allowed or
failed to correct the problem which caused offensive odors to physically invade Plaintiffs’
property.
CAUSE OF ACTION III
GROSS NEGLIGENCE
60. Plaintiffs re-allege and reaffirm each allegation set forth above.
61. In maintaining, operating, controlling, engineering, constructing, and/or designing
the facility, Indianhead owed a heightened duty of care so that offensive odors do not invade
Plaintiffs’ property.
62. Indianhead knowingly breached its duty to exercise reasonable care and acted with
reckless, willful, and wonton disregard for Plaintiffs when it improperly maintained, operated,
12engineered, constructed, and/or designed the facility and knew, or should have known, that such
actions would cause Plaintiffs’ property to be invaded by offensive odors.
63. As a direct and proximate result of Indianhead’s reckless conduct, Plaintiffs’
property is physically invaded by offensive odors.
64. ‘As a direct and proximate result of Defendant’s gross negligence in operating,
maintaining, and/or constructing its facility, Plaintiffs’ property is exposed to and invaded by
offensive odors.
65. As a direct and proximate result of invading Plaintiffs’ property by offensive odors,
Plaintiffs have suffered damages.
66. Indianhead’s conduct in knowingly allowing conditions to exist, which caused
offensive odors to physically invade Plaintiffs’ property, constitutes gross negligence as
Defendant’s conduct demonstrates a substantial lack of concern for whether an injury resulted to
Plaintiffs’ property, and at least shows reckless disregard for Plaintiffs’ safety and property.
67. Indianhead is vicariously liable for the gross negligence of their employees,
representatives, and agents, who, during the course and scope of their employment, allowed or
failed to correct the problem which caused offensive odors to physically invade Plaintiffs’
property.
PRAYER FOR RELIEF
Plaintiffs re-allege and reaffirm each allegation set forth above.
WHEREFORE, Plaintiffs, individually and on behalf of the proposed Class, pray as
follows:
A. Certification of the proposed Class pursuant to FLA. R. CIv. P. 1.220;
13B. Designation of Plaintiffs as representatives of the proposed Class and designation of
counsel as Class Counsel:
C. Judgment in favor of Plaintiff and the Class members and against Defendant;
D. Award Plaintiff and the Class members all compensatory damages in an amount considered
fair and reasonable by a jury and for all such further relief, both general and specific to
which they may be entitled, including pre-judgment and post-judgment interest;
E. Award Plaintiffs and the Class members injunctive relief not inconsistent with Defendant’s
state and federal regulatory obligations; and,
F. Such further relief both general and specific to which Plaintiffs may be entitled.
DEMAND FOR JURY TRIAL
Plaintiffs, on behalf of themselves and all others similarly situated, demand trial by jury on
all issues so triable.
Dated: June 17th 2025
NACE LAW GROUP
By: _ /s/ Christopher T. Nace
Christopher T. Nace, Esq.
Florida Bar No. 122634
Counselfor Plaintiff
1025 Thomas Jefferson St., NW
Suite 810 Washington, DC 20007
Phone: 202-463-1999
Fax: 202-223-6824
Primary: ctnace@nacelawgroup.com
Secondary: kmays@nacelawgroup.com
NIDEL & NACE, P.L.L.C.
Christopher T. Nidel, Esq.
DC Bar No.: 497059
chris@nidellaw.com
Jonathan Nace, Esq.
DC Bar No.: 985718
jon@nidellaw.com
14One Church Street, Suite 802
Rockville, MD 20850
Tel: (202) 780-5153
pro hac vice to be filed
Counselfor Plaintiffs

1 comment:
What a jury trial with them on the jury? I don't think so. What a corruption of the justice system that would be. Gonna have to move that so called trial outside the county. The court room is no place for an irrational pitchfork mob.
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