In preparation for their application to the Shelby County Land Use Control Board, landowners TI Properties asked for a public meeting at the small Hartland Baptist Church. Prior to the public meeting, Nutbush residents, along with members of the three eco-groups, met with the Pastor of Hartland. On a sunny Sunday afternoon in December 2018, an overflow crowd of over 250 people engaged the owners in a verbal slugfest. Owners and their lawyers explained the economics of their idea, as residents roundly disagreed that such a business should be built on the east edge of the neighborhood bordering the Wolf River.

Developers of this project assured the crowd that a Class 3 construction landfill would be safe. They argued that they examined truck contents before unloading. They said that a liner was not required. They were aware that state and federal regulatory hurdles were still to come. And at over 500 ft away, it would not harm their homes or their community. They confirmed that the mountain of debris would rise 50 ft above the wetlands.

POA and science experts called for subsurface research to ensure our Aquifer’s protective clay layer was intact over this site. Public officials argued that developers often use local approvals to support their case when elevated to more stringent wetland protections from State and Federal regulators.

The Wolf River Conservancy explained how the wetlands contribute to a healthy, thriving, wild Wolf River. As a filter for the Wolf River, it is part of the recharge and natural cleansing for surface and groundwaters. As a part of the 100-year flood plain, it is prone to flooding in heavy rains. As a part of Resilient Shelby, it is a watershed to protect a neighborhood where homes flooded in 2011. And, as part of wild Shelby, this site is lush habitat for wildlife, birds, trees, plants and numerous other natural treasures.

The Sierra Club quoted the regulations on acceptable items for a Class 3 landfill. According to the EPA, these include all types of “waste paints, solvents, thinners, sealers, resins, roofing cement, adhesives, machinery lubricants, and caulk” plus “asbestos-containing items, such as older types of floor tile or insulation; lead based paint, and items that contain inseparable hazardous constituents.” Given the age of most homes in Memphis, these items are everywhere.

City officials cited the Resiliency site running parallel to the wetlands on the other side of the Wolf River. Here, millions of public dollars were being spent to create flood plains to protect nearby homes and parks. At the same time, developers sought to fill wetlands on the Nutbush side.

Neighbors argued for the continued use of the area as an unnamed natural park. They cited the area flooding in 2011 and reminded owners of the invaluable role of the wetlands—absorbing the brunt of high waters and floods. Above all, they argued against daily truck traffic on narrow streets with new litter, new noises, new smells and less safety for residents. Along with their quality of life, they knew that such a business would harm their property values.

For the next two months, residents met, spoke out, submitted public comments, and posted POA signs in the neighborhood. Neighborhood activist Sheryl Sullivan launched a petition that collected over 3,400 signatures. Within a month, TI Properties and Blaylock & Brown Construction asked for a delay. Within three months, they gave up their permit and ended their pursuit. Our coalition was successful: we stopped the landfill, protecting Nutbush wetlands and neighbors.