A Fauquier County dirt farmer is back to work following a Virginia Supreme Court decision that overturned Judge James E. Plowman’s August 22 injunction.

In court cases and other complaints going back to 2018, neighbors have complained that Michael Hawkins of Midland was creating a public nuisance with noise, dust, and stormwater runoff as dump trucks came and went from his property.

Hawkins’ business, which has inspired others in Fauquier and Prince William County, involves allowing construction sites to dump their excess dirt on his property. Fauquier County tried to use zoning regulations to stop him, while neighbors sought the help of land use attorneys.

After a two week trial that ended July 25, a jury awarded an $850,000 judgement against Hawkins and issued an injunction ordering him to stop operations. Judge Plowman referred to Hawkins’ claims to be operating a sod farm “a ruse” and ruled his operation no more than a dirt dump.

Hawkins appealed the case to the Virginia Supreme Court where a three-judge panel reversed the injunction citing procedural errors.

Plaintiffs are free to continue to pursue court action, but Hawkins has resumed business.

Hawkins has also been the subject of an obscenity lawsuit related to his farming disputes. After neighbors repeatedly sued, Hawkins hung flags with the offensive slogans responding to the plaintiffs. The courts dismissed that lawsuit ruling his signs were “obnoxious, but not obscene.”

Hawkins has fended off multiple lawsuits from neighbors and the county. He earns $50-100 per load delivered to his property and is estimated to have earned $5 million in the venture.