2025-10-24 PROPOSED CONSENT JUDGMENT-TP SIGNED (002).PDF

Maricopa County — Formal (2025-03-12)

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RACHEL H. MITCHELL
MARICOPA COUNTY ATTORNEY

By:
JONATHAN BATCHELOR (026882)

BETSY PREGULMAN (006948)

Jonathan.Batchelor@mcao.maricopa.gov

pregulmb@mcao.maricopa.gov
Deputy County Attorneys

CIVIL SERVICES DIVISION
225 West Madison Street
Phoenix, Arizona 85003
Telephone (602) 506-8541
Facsimile (602) 506-4317
ca-civilmailbox@mcao.maricopa.gov
MCAO Firm No. 00032000

Attorneys for Plaintiff Maricopa County

IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF MARICOPA

MARICOPA COUNTY, a political
subdivision of the State of Arizona
Plaintiff,
v.

TP RACING, L.L.L.P, John Does I-X and
Jane Does I-X, their respective spouses,
Doe Corporations I-X, Doe Limited
Liability Companies I-X, Doe Partnerships
I-X, and Doe Other Entities I-X,

NO. CV2025-031931

[PROPOSED] CONSENT JUDGMENT

(Honorable Greg S. Como)

Maricopa County filed a Verified Complaint alleging violations of the Maricopa
County Environmental Health Code (“Health Code”), and for injunction of a public
nuisance pursuant to A.R.S. §§ 36-183.05 & 36-601. Upon review of the parties’ Stipulation
for Entry of Consent Judgment, and good cause appearing therefore,
IT IS HEREBY ORDERED

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I.
DEFINITIONS
A. “Civil Penalties” (capitalized) shall mean the penalties provided in Section
V.A-B, below.
B. “Complaint” means that Verified Complaint for Civil Penalties and Injunctive
Relief, No. CV2025-031931, filed with the Maricopa County Superior Court
on or about September 4, 2025.
C. “County” means Maricopa County.
D. “Compliance Date” means the date that the County provides written
notification to Defendant TP Racing, L.L.L.P. that the Property is in
compliance with Section VI of this Consent Judgment.
E. “Day” shall mean calendar day, unless otherwise noted. When computing due
dates under this Consent Judgment, where the last day would fall on a
Saturday, Sunday, or a state or federal holiday, the period shall run until the
close of business the next working day.
F. “Defendant” means TP Racing, L.L.L.P., including its officers, agents,
employees, successors, assignees, and any others acting in concert with
respect to the Property.
G. “Effective Date” shall be the date that this Consent Judgment is entered by
this Court.
H. “Health Code” means the Maricopa County Environmental Health Code.
I. “MCESD” means the Maricopa County Environmental Services Department.
MCESD is a department of the County, and, along with its director, is charged
with enforcing the Health Code, Arizona state statutes, and regulations, on
behalf of the County.
J. “MCESD Compliance Order” means the May 9, 2025, order of director Andy
Linton, requiring Defendant to pay a $5,000.00 civil penalty and up to
$10,000 for each violation that is not corrected within thirty (30) days of
receiving the order.
K. “Monitoring Period” shall mean a period of eighteen (18) months from the
Effective Date of this Consent Judgment.

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L. “Motion for Injunctive Relief” means the Application for Order to Show
Cause and Motion for Preliminary Injunction filed by the County in this
matter, on or about September 4, 2025.
M. “Parties” refers collectively to the County and Defendant TP Racing, L.L.L.P.
N. “Property” means the real property located at 1501 West Bell Road, Phoenix,
AZ 85023, APN 208-13-956.
II.
BACKGROUND & RECITALS
A. Plaintiff Maricopa County is responsible for enforcing the Health Code. See
A.R.S. §36-183.05, et seq. and A.R.S. §36-601, et seq.
B. Defendant TP Racing is the owner and occupier of real property in Maricopa
County located at 1501 West Bell Road, Phoenix, AZ 85023, APN 208-13-956. Defendant
is in violation of the Health Code.
C. On or about September 4, 2025, the County initiated this action by filing a
Verified Complaint for Civil Penalties and Injunctive Relief against Defendant
pursuant to A.R.S. §§ 12-1801 et. seq.; 36-183.04; 36-183.05; 36-601(c); and Ariz. R. Civ.
P. 65.
D. On or about September 22, 2025, Defendant TP Racing was properly served
in this matter.
E. On October 7, 2025, this Court held a return hearing on the County’s
Application for Order to Show Cause and Motion for a Preliminary Injunction and set an
evidentiary hearing for November 12, 2025.
F. Defendant admits that it was properly served in this action, that jurisdiction
is proper in this Court and that Maricopa County is the proper venue.
G. Defendant TP Racing consents to the terms and entry of this Consent
Judgment and acknowledges that the County has made no promise of any kind or nature
other than what is set forth in this Consent Judgment, and Defendant TP Racing enters into
this Consent Judgment voluntarily and after due consideration.
H. As duly authorized by State law, the Maricopa County Board of Supervisors
has approved Maricopa County entering into this Consent Judgment.

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I. The County consents to the terms and entry of this Consent Judgment and
acknowledges that Defendant TP Racing has made no promise of any kind or nature other
than what is set forth in this Consent Judgment, and the County enters into this Consent
Judgment voluntarily and after due consideration.
J. It is in the best interests of the Parties to enter into this Consent Judgment.
Except as provided in this Consent Judgment, the Parties hereby intend to completely and
finally settle and release Defendants’ civil liability for the violations described in the
Complaint and the Motion for Injunctive Relief, and have jointly moved the Court to enter
this Consent Judgment, and to retain jurisdiction over this matter for a period of eighteen
(18) months from the Effective Date (hereinafter “Monitoring Period”) to effectuate and
enforce this Consent Judgment and to resolve any compliance disputes that may arise.
NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
as follows:
III.
JURISDICTION AND VENUE
A. The Court has jurisdiction over this action pursuant to A.R.S. §§ 12-123, 36-
183.05, 36-601(C) and other applicable Arizona laws.
B. Venue is proper in Maricopa County pursuant to A.R.S. § 12-401 and other
applicable Arizona laws.
IV.
BINDING EFFECT
A. This Consent Judgment constitutes and embodies the full and complete
understanding of the Parties and supersedes all prior understandings or agreements, whether
oral or in writing, which pertain to the subject matter contained herein.
B. The Parties consent to the terms and entry of this Consent Judgment, and
agree not to contest its validity in any subsequent proceeding. This Consent Judgment
applies to and is binding upon the County and upon Defendant TP Racing, and, as
applicable, Defendant TP Racing’s officers, directors, agents, servants, employees,
attorneys, successors, and assigns and all persons, firms and corporations acting in active
concert or participation with Defendant TP Racing.

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V.
CIVIL PENALTIES
A. Defendant TP Racing owes a $5,000 penalty pursuant to the MCESD
Compliance Order. Within 30 days of the Effective Date, Defendant will pay $5,000 to
Maricopa County Environmental Services Department in satisfaction of the Compliance
Order penalty.
B. In addition, TP Racing may be assessed additional fines or penalties pursuant
to A.R.S. §§ 36-183.04 (A)-(D), (G) and 36-183.05. By stipulation of the parties, the total
of these additional Civil Penalties shall be $20,000 plus all attorneys’ fees incurred by the
County as a result of any Continuing Noncompliance by Defendant during the Monitoring
Period as provided below.
C. The Parties agree that the Civil Penalties constitute a debt for a fine, penalty,
or forfeiture payable to and for the benefit of a governmental unit, is not compensation for
actual pecuniary loss, and is specifically non-dischargeable under 11 U.S.C. § 523(a)(7).
Upon entry of this Consent Judgment, the County shall be deemed a judgment creditor for
purposes of collection of Civil Penalties.
D. Notwithstanding this Section V and except as provided in this Consent
Judgment, if Defendant TP Racing complies with Section VI of this Consent Judgment,
payment of the additional Civil Penalties in Section V.B is suspended. If Defendant TP
Racing fails to comply with any part of Section VI of this Consent Judgment, Defendant TP
Racing must pay the Civil Penalties within 30 days of the date of the County’s notice to
Defendant TP Racing of any Continuing Noncompliance.
E. If Defendant TP Racing fails to keep the Property in compliance to the
County’s satisfaction during the Monitoring Period, MCESD will notify Defendant of its
non-compliance constituting a public nuisance dangerous to public health, and that such
non-compliance must be cured within twenty-four (24) hours. If upon reinspection after
twenty-four (24) hours, the Property continues to not be in compliance, the County at its
option may seek an injunction from this Court requiring immediate abatement of the non-
compliance by the Defendant, and Defendant TP Racing must pay the Civil Penalties,
within 30 days of the County’s notice to Defendant TP Racing of such Continuing
Noncompliance.

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F. Provided that the Property is kept in compliance with Section VI of this
Consent Judgment to the satisfaction of the County during the Monitoring Period,
Defendant shall be permanently relieved of the obligation to pay the additional Civil
Penalties at the conclusion of the Monitoring Period.
VI.
INJUNCTION
A. No uncontained animal waste shall be situated within one-hundred yards of
the eastern or southern Property boundaries.
B. Throughout the Monitoring Period, Defendant shall remove, or cause to be
removed, all animal waste or manure on the Property, on a continuing basis, within 72 hours
of when such waste is produced.
C. Throughout the Monitoring Period, any animal waste on the Property shall be
maintained only in a manner so as to avoid creating a public nuisance and/or providing for
pest harborage/breeding.
D. Throughout the Monitoring Period, Defendant shall rotate the location of
temporary placement of animal waste so as to avoid any portion of the Property continually
retaining waste for more than 72 hours.
E. During regular business hours throughout the Monitoring Period, as MCESD
determines may be needed to confirm compliance pursuant to the terms of this Consent
Judgment, Defendant TP Racing shall provide employees or representatives of MCESD
access to the Property for inspection purposes.
F. In the event of any Continuing Noncompliance as specified in Section VII.B,
Defendant shall provide MCESD representatives access to the Property and fully cooperate
in facilitating inspection as necessary to confirm abatement of the nuisance dangerous to
public health.
VII.
NOTIFICATION OF NONCOMPLIANCE
A. Upon the County’s determination that the Property is not in compliance with
Section VI of this Consent Judgment such that the noncompliance represents a public
nuisance dangerous to public health, the County shall provide written notification of such
noncompliance to Defendant TP Racing at the Property, and by email to the address
specified in Section VIII.C, below. Additionally, the County will attempt to contact TP

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Racing’s principal, Mr. Simms, by phone, but such contact will not be necessary to put TP
Racing on notice of the noncompliance.
B. If, upon reinspection after twenty-four (24) hours have elapsed since delivery
of a notice of non-compliance, the Property is found to still not be in compliance, it will be
a Continuing Noncompliance, and a material breach of this Consent Judgment.
VIII.
NOTICES AND SUBMISSIONS
A. Documents, materials or notices submitted in accordance with this Consent
Judgment shall be deemed submitted when postmarked, return receipt requested, accepted
for delivery by a commercial delivery service, sent by electronic mail (with email addresses
provided under separate cover) or hand delivered.
B. Documents, payments, materials or notices from Defendant TP Racing shall
be sent as follows:

MARICOPA COUNTY ATTORNEY’S OFFICE

ATTN: Jonathan Batchelor
Deputy County Attorney
Civil Services Division
225 W. Madison
Phoenix, Arizona 85003
jonathan.batchelor@mcao.maricopa.gov

MCESD

ATTN: Amanda Bond
Environmental Services Quality & Compliance
Maricopa County Environmental Services
301 W. Jefferson, Ste. 170
Phoenix, Arizona 85003
amanda.bond@maricopa.gov

C. Documents, materials and notices from the County shall be sent as follows:

TP Racing
1501 W Bell Road
Phoenix, AZ 85023
jsimms@turfparadise.net

D. The Parties shall promptly notify all other Parties in writing to any changes
in the contact information listed in this Section VIII, and this Consent Judgment will be

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modified accordingly. The Parties agree to cooperate with the filing to the Court of any
documents required to effectuate this modification.
IX.
MATERIAL BREACH

A. Any Continuing Noncompliance during the Monitoring Period shall
constitute a material breach and violation of this Consent Judgment.
B. Upon Defendant’s material breach of this Consent Judgment, the County, in
its sole discretion, is immediately authorized to:
1. Collect the all Civil Penalties specified in Section V pursuant to any and
all means provided at law and equity;
2. Enforce this Consent Judgment through the Court, in which case,
Defendant TP Racing shall be liable for interest and additional penalties
pursuant to the provisions of the Health Code, administrative compliance
orders, Arizona statutes; and/or other applicable laws.
3. At the County’s option, declare the Consent Judgment null and void, in
which case the County may pursue the Complaint in this action against
Defendant TP Racing. In this event, Defendant TP Racing shall be barred
from alleging the affirmative defenses of estoppel, laches, claim
preclusion, issue preclusion or the expiration of any statute of limitations.
In this and any future actions for the violations alleged in the Complaint,
Defendant TP Racing shall receive credit for any payments paid to the
County pursuant to this Consent Judgment.
X.
RELEASE

A. Except as provided in this Consent Judgment, upon fulfillment of all of its
obligations created by this Consent Judgment, Maricopa County does hereby release
Defendant TP Racing, and, as applicable, its past, present, and future directors, officers,
shareholders, employees, agents, trustees, attorneys, successors, assigns, parent
corporations, subsidiaries and related persons are hereby released from any and all claims
or causes of action arising under or related to the allegations contained in the Complaint.

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B. This Release does not cover criminal liability under any local, state or federal
ordinance, regulation, statute rule or other requirement.
C. As of the Effective Date, Defendant TP Racing releases the County and its
agencies, departments, officials, employees, or agents—including without limitation the
MCESD—from any and all claims or causes of action against them arising under or related
to the allegations contained in the Complaint.
XI.
SEVERABILITY

A. This Consent Judgment is not severable. If any Section of this Consent
Judgment is declared by this Court to be invalid or unenforceable, the entire Consent
Judgment is rendered invalid, and the Parties shall return to the positions they occupied
prior to the execution of this Consent Judgment.
XII.
APPLICABLE LAW

A. The validity, meaning, interpretation, enforcement and effect of this Consent
Judgment shall be governed by the law of the State of Arizona.
XIII.
COST OF SUIT

A. Each Party shall bear their own court costs and attorney fees in this action.

XIV.
RESERVATION OF RIGHTS

A. Entry of this Consent Judgment is solely for the purpose of settling the
Complaint and except as expressly set forth herein, does not preclude the County, or any
other agency or officer of the County, or any subdivision thereof—including without
limitation the MCESD---from instituting other administrative, civil, or criminal
proceedings as may be appropriate now or in the future, or initiating a civil or criminal claim
against Defendant TP Racing for violations of ordinances, regulations, statutes, rules,
compliance orders or other requirements occurring after the Effective Date.
B. This Consent Judgment does not encompass issues regarding violations,
sources, operations, facilities or processes of Defendant TP Racing not expressly covered
by the terms of this Consent Judgment and is without prejudice to the rights of the County
arising under any law. The County reserves the right to take any appropriate legal action
against Defendant TP Racing for violations which are not alleged in the Complaint or

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referenced in this Consent Judgment. The County reserves the right to take any and all
appropriate action necessary to protect the public health, welfare or the environment.
C. Nothing in this Consent Judgment shall constitute a permit of any kind, or
modification of any permit of any kind, under federal, state or local law. Nothing in this
Consent Judgment shall in any way alter, modify or revoke federal, state or local statutes,
ordinances, regulations, rules, compliance orders or other requirements. Nor shall this
Consent Judgment affect or relieve Defendant TP Racing in any manner from its obligation
to apply for, obtain and comply with applicable federal, state and local permits. Compliance
with the terms of this Consent Judgment shall be no defense to an action to enforce any
such permits or requirements. The County does not, by its consent to the entry of this
Consent Judgment, warrant or assert that compliance with this Consent Judgment will
constitute or result in compliance with Arizona law. Notwithstanding the County’s review
and approval of any materials submitted pursuant to this Consent Judgment, Defendant shall
remain solely responsible for compliance with any other applicable federal, state or local
ordinance, regulation, statute, rule, compliance order or other legal requirement. Any
submissions made to the County pursuant to this Consent Judgment shall not be interpreted
as a waiver or limitation of the County’s authority to enforce any federal, state, or local
ordinance, regulation, statute, rule, compliance order or other requirement, including permit
conditions.
D. The County shall have the right to take enforcement action for any and all
violations of this Consent Judgment and reserves the right to pursue all legal and equitable
remedies.
XV.
MODIFICATION

A. Any modification of this Consent Judgment must be in writing and approved
by the Parties and the Court, except that extensions for the performance of any requirement
of this Consent Judgment may be requested in writing by Defendant TP Racing and
consented to in writing by the County.
XVI.
RETENTION OF JURISDICTION

A. The Court shall retain jurisdiction over both the subject matter of this Consent

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Judgment and the Parties to effectuate and enforce this Consent Judgment, or to provide
further orders, direction, or relief as may be necessary or appropriate for the constriction,
modification or execution of this Consent Judgment.
XVII.
TERMINATION
A.
The provisions of this Consent Judgment shall be deemed satisfied upon
completion by Defendant of all of Defendant TP Racing’s obligations in this Consent
Judgment to the satisfaction of the County.
B.
After Defendant has fully complied with this Consent Judgment, and upon
written request by Defendant, the County shall execute and file a satisfaction of judgment
with this Court and in any county in which this Consent Judgment was recorded.
IT IS FURTHER ORDERED that this Order shall become effective upon the Clerk
of the Court is filing this Order.