Lawsuit filed against Houston mulch company as fire burns in Spring Branch

HOUSTON, Texas (KTRK) -- As questions remain about how a mulch fire in Spring Branch started and who is responsible, ABC13 learned a lawsuit was filed.

Residents of the area may be forced to breathe in smoke for weeks as many wonder who will be held accountable for the fire.

On Thursday night, the Houston Fire Department and Houston Health Department held a town hall to address concerns. Officials confirmed the air quality readings were at an elevated level but said the average of all the readings fell below federal standards. However, the health department would not give specific numbers.

According to the lawsuit, Lovett Custom Homes Inc. is suing Farm Dirt, LLC, accusing them of failing to remove the waste from the property.

The lawsuit states that Farm Dirt is a Houston-based composting company that provides composting material to the local market. Farm Dirt leased a 28-acre tract of real property near Emnora Road and Hammerly Boulevard.

According to the lawsuit, while leasing the property, Farm Dirt was responsible for removing wood waste material from the premises when their lease ended. Despite this agreement, Farm Dirt allegedly failed to remove the piles of wood, and as a result, the mulch and wood matter ignited.

The lawsuit is seeking $250,000 as well as non-monetary relief.

According to the city, Lovett Homes applied for a plot of land in April to build a single-family subdivision with 297 lots. They were later approved by the planning commission. According to the city, the permitting center has no record of any permits for any project at the location yet. The fire department said they also did not have any burn permits, but even if they applied, they would not have qualified based on the size of the pile of waste.

The cause of the fire is still unknown, and the Houston Police Department confirms it is still investigating with its environmental investigation unit.

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