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Armando Gil
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posted 15 August 2007 15:15 CET
ARMANDO AND GUADALUPE GIL
104 STAR OF TEXAS DR.
KYLE, TEXAS 78640
I am enclosing a short version of a dream house coming apart. In September 2005 we purchased a new Centex home in Kyle, Texas. It is located in the Silverado Subdivision at 104 Star of Texas Dr.
In January of 2007 after we got our first rain we started noticing water flowing out from our yard onto the street. Approximately one week after the rain had stopped the water was still flowing. Since our house is located at the entry of the Silverado Subdivision several persons stopped by our house to notify us that we had a water leak, some even called the city. Our neighbors across the street were even concerned. We called the City Water Department and notified them of our possible water leak. After investigation by the city, they notified us that it wasn't a water leak but the water could be from an underground spring in the area of our home. We also noticed several cracks on the interior of our drywall. Centex had made repairs on our drywall before this incident but when they were called to make repairs on the most recent we were told by their field representative Barrett Larkey that this would be a one time deal and they would not repair them again. I was told to buy me a calking gun and repair them my self.
When I told Barrett Larkey of the water problem and what the city had said, he stated that that problem was between me and the City. We made several attempts to contact Centex but our calls were not returned. Concerned about our home and Centex not willing to listen, we hired an Engineer to investigate the problem. The Engineer's report indicated that there was a water, structural and mold problem. We also hired a Professional Licensed mold company to investigate. Their report indicated there was mold on the exterior of the house, but that it was not the serious type. Their report indicated the mold on the exterior of our house was a "water indicator". After we started noticing several cracked bricks around the exterior and continued moister around the foundation and yard we decided to file a letter to Centex addressing all our defects. Centex Warranty Manager Ray Michael conducted an inspection of the house and stated by a letter, which he left between the front glass door and the main door of our house that all the defects were cosmetic and required no further action. He didn't even take the time to mail the letter which he indicated he would mail 10 days after the inspection. The letter was received 24 days after the inspection. We had to call him twice to get him to mail us the report. At this point we became aware that the builder had no concern for the alleged defects we brought to their attention. We then proceeded to file a request (as per contract) for a State Sponsored Inspection and Dispute Resolution (SIRP) with the Texas Residential Construction Commission. The request was accepted by the state and a third party inspector was assigned. The inspection date had been agreed by us the (homeowners) and the builder (Centex) through third party inspector Steve Barton from Dallas, Texas. Two working days prior to the inspection date we received a certified letter from TRCC indicating another inspector had been assigned at the request of Centex. I called Steve Barton, TRCC third party Inspector, and asked him what was going on. He stated that he had been contacted by the TRCC 2 days ago and had been notified that he was not doing the inspection at 104 Star of Texas, Kyle, Texas. I asked him if he knew what was going on. He said he didn’t have any idea what had happened.
The letter sent to us did not indicate as to why this action had taken place or that the scheduled inspection had been cancelled. Finally the third party inspection was conducted on July 18, 2007 by the newly appointed engineer from San Antonio, Texas named Jim Linehan. He indicated in his report to the TRCC that he found no defects on the house except poor workmanship on the mortar. Up to this date there are over 150 cracked bricks, bricks that are bulging from the wall, bricks that are uneven, mortar around the bricks is dissolving and holes have appeared between the mortar. The front and rear porch supports are leaning to the side, the wall by the garage is leaning forward, the air-conditioning unit pad has pushed away from the foundation and the soil around the yard and foundation is soaking wet at all times. This is a 22 month old home. Every effort has been made by us to try to get this matter resolved. We have spent over $5000.00 of our personal money to try to keep our house from falling apart. It appears that the system has failed. I have filed a request with the Texas Attorney General's Office to review and investigate this possible bias and corrupt state government agency. With the lack of rain and the expansive clay under our home, the home is starting to re-shift downward and creating extensive damage on the outer walls creating a life and safety issue. We have contacted the Better Business Bureau and our State Representative for their assistance in this matter. I have all the evidence in hand including photographs and videos to proof my allegations.
Armando and Guadalupe Gil
Homeowners
August 1, 2007 |
Jim Meadows
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posted 9 August 2007 20:12 CET
Home was built by Design Tech Homes (San Antonio & Spring, TX) 5 years ago. Lots of quality defects started showing up in A/C and electrical after about a year. Tile work was terrible and Design Tech replace cracked tiles on three occasions during first year. Additional cracks have appeared since.
Latest problem is major plumbing problems, two leaks in slab and one overhead (defective copper pipe) in last six months. Design Tech turned my first request for help over to an attorney who denied all responsibility. The second leak they did send the original plumber out who replaced the defective pipe. The third leak they delayed until we couldn't live without water and had it fixed ourselves. |
ron kaiman
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posted 9 August 2007 13:35 CET
I bought a home from Lennar in Florida. They had a printed site map and miniature model in the sales center. The Lennar salesman told us there would be nothing built on the Norther border of the development because it was a "natural preserve area." We later found out through public records that Lennar had signed an agreement years before agreeing to provide land for a major road on the north border, and that the county intended to build the road. The Lennar salesman lied and denied his statement, while Lennar claimed an unnamed border on the map and miniature indicated a road.
When we tried to sue - outside the mandatory arbitration - we were threatened with a countersuit that none of the homeowners could afford to fight. |
Amal Ray
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posted 9 August 2007 09:05 CET
We recently purchased a new home located in Katy, TX. Partners in Building (PIB) was the builder. Poor planning and use of unskilled workers by PIB at different stages of construction caused many problems. At the planning stage many mistakes were made by their Architect. Lack of quality control and improper procedures at PIB failed to identify such problems. These mistakes were later discovered during the construction phase and required many changes and modifications. Many of the modifications were done by unqualified workers and were not properly completed. Their contractors were involved in covering up defects in many instances and when showed to PIB they did not take any responsibility and simply blamed these on the nature of the industry.
Plan materials were not adequately followed in some cases and PIB knowingly misrepresented facts in many occasions. They did not provide proper supervision at the construction site. Many of these problems were documented with photographs and were communicated to the management at PIB.
The project was significantly delayed and a number of problems were discovered after we moved in. The management was contacted on several occasions and problems were documented and demonstrated but they failed to show commitment and many of the problems were not properly resolved. Landing at the front walk way (not constructed according to the measurements on the plan) and improper load calculation at electrical service point (causes many lights to dim when small appliances and other circuits are being used) are just few of the examples. We have seen a consistent pattern of negligence, lack of proper procedures and quality control at PIB. They were given ample opportunity to rectify these problems but refused to show commitment to adequately address issues with their construction and have greatly inconvenienced us. The management showed complete disregard for goodwill and customer’s satisfaction. |
Thomas Gallagher
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posted 8 August 2007 11:47 CET
Just built with Ryan Homes in a suburb of Cleveland, Ohio and day 2 I am already regretting it. I upgraded to include a fireplace in my home and was told I would have canned adjustable lights above it, I don't. I was also told that my cabinets below the counters would have pull out shelves in them, they don't. When I asked about this I was simply told the line of homes my model is in does not include those. Of course when I bought the house the sales rep (who no longer works there) told me it would. Spoke to the area President and he told me he would meet me halfway and put the pullout shelves in, but since the rep no longer works there he can't verify the lights and will not do them. Followed by, as a consumer I should get everything in writing. I thought that I did. I am not happy and would urge anyone considering Ryan Homes to either go with another builder or to be VERY cautious. You simply can't trust them. |
Kim Duane
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posted 8 August 2007 11:00 CET
We purchased a home from Kimball Hill Homes May 2007. We were not advised in writing or otherwise that our water comes from Sacramento County well water. Given the opportunity to know that we would be using well water - we would not have purchased this home in this location. We have the support of numerous neighbors to lodge a class action suit against the builder to compensate us for the cost of a water softener and water purifier and damages for not disclosing this water issue at the time of purchase. Do you know if we have any rights as a homeowner?  |
KEISHA GREEN
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posted 5 August 2007 19:25 CET
DEAR HOMEOWNERS FOR BETTER BUILDING:
MY NAME IS KEISHA M. GREEN
I'VE BEEN IN MY HOME SINCE JUNE 2006,I HAD PURCHASED THE HOUSE 7106 NORTH BROAD STREET PHILADELPHIA,PA 19126 FROM THE ORIGINAL OWNER WHICH IS CHRISTOPHER L. ROYAL.IN AUGUST 2006 JAY SANDFORD PURCHASED THE HOME,MR. SANDFORD HAS NEVER BEEN BY THE HOUSE TO AT LEAST INTRODUCE HIMSELF,MR SANDFORD FINALLY CAME TO THE HOUSE IN NOVEMBER 2006 AND HE HAS NEVER BEEN INSIDE THE HOUSE,I EXPLAINED TO HIM THAT THE HOUSE NEEDS AT LEAST $15,000-$20,000 IN REPAIRS[SOME OF THE REPAIRS I STARTED MYSELF] AND BOTH THE LEAD PAINT AND THE POSSIBLE ASBESTOS NEEDS TO BE REMOVED FROM THE HOME BECAUSE MY CHILDREN AGES 2 AND 7 TESTED POSITIVE FOR LEAD PAINT, BEFORE I'LL GIVE YOU ANY MONEY,AND HE SAID THAT HE WOULD MAKE THE REPAIRS BEFORE CLOSING TIME WHICH WAS DECEMBER 2006 WE MADE THE DEAL THROUGH HIS BROKER AT ADVANTAGE ONE MORTGAGE BERNARD ROSENBERG,I TOLD HIM THAT I WANTED 30 YEARS FIXED RATE MORTGAGE,HE GIVES A 3/1 ARM MORTGAGE AND TOLD THIS WAS THE ONLY DEAL HE COULD GET ME AND EXPECTED ME TO PAY $13,000 IN CLOSING COSTS WITH A RATE OF %8.875 MY MONTHLY PAYMENT WOULD BE $1,193 AND I TOLD HIM THATS TO HIGH AND I'LL GO SOME PLACE ELSE,THEY WE'RE TAKING MONEY FROM MY BANK ACCOUNT,I HAD TO CLOSE MY ACCOUNT TO PREVENT THIS,I DIDN'T PAY THE CLOSING COSTS OR THAT MONTHLY PAYMENT THAT WAS GIVEN TO ME AT THAT POINT MR. SANDFORD STARTED CALLING ME SEVERAL TIMES A DAY LEAVING THREATNING MESSAGES ON MY MACHINE WHICH I'VE SAVED STARTED HAVING HIS REALTOR TERRY SIT OUTSIDE MY HOME TO SEE IF I WOULD COME OUTSIDE AS HE SAW ME HE WOULD THEN PULL OFF AND SIT AT THE CORNER OF MY BLOCK TO CALL MR. SANDFORD ONCE HE SAW ME[See Police Reports Filled At The 35TH District].,I AM A VICTIM OF PREDATORY LENDING AND MORTGAGE FRAUD,HOUSING DISCRIMINATION WANNA KEEP THE HOUSE AND CONTINUE LIVING HERE AND MAKING THE REPAIRS THAT NEED TO BE MADE AND THEN MR SANDFORD SAID THAT I COULDN'T HAVE THE HOUSE BECAUSE I HAVE BAD CREDIT WHEN I KNOW THAT'S A LIE PEOPLE WITH BAD,NO,GOOD CREDIT WITH/OUT A CO-SIGNER BUY HOUSES ALL THE TIME.IF I DO GET EVICTED I WOULD LIKE ALL THE MONEY THAT I SPENT REPAIRING THIS HOUSE BACK WHICH WAS ABOUT $15,000,MR. SANDFORD IS ALSO DOUBLE DEALING HE ALSO TRIED TO SELL THE HOUSE TO A YOUNG LADY BY THE NAME OF BRETT BOLDEN FOR $97,500,THE HOUSE IS NOT WORTH $150,000 OR $97,500,BECAUSE EVERY HOUSE IN THE 19126 ZIP CODE DID NOT SELL FOR OVER $80,000 AT THE MOST AND $60,000 AT THE LOWEST,SOME WERE REBUILT AND SOME WERE REMODELED.NOW THEY ARE TRYING TO KEEP ALL OF MONEY AND EVICT ME ON MY EIGHT YEAR OLD SONS BIRTHDAY. |
frank bermudez
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posted 3 August 2007 10:10 CET
Lakewood Homes - Corparate office in schaumburg ILLINOIS. They refuse to do warranty work that is within the warranty. I have leaking windows within one year. Doors that won't shut properly, bathtub that is cracking, drywall that you can see most seams, all railings are coming off walls, counter tops are pulling away from walls, and caulk seems to be the answer for all gaps. Roofing is sagging already after one year. I'm just looking to get the warranty work done, no extras and still can't get it done. |
Jennifer Hichez
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posted 30 July 2007 21:54 CET
Morrison homes & the city of Orlando (vista lakes communuty-Warwick) never disclosed that the homes on these premises are located on a former bombing range and currently havepossible live bombs. |
Rheanne Garcia
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posted 29 July 2007 09:22 CET
I purchased a Classic Century Home in February of 2005. Had a leak in the front large arched window within the year warranty period. People came to fix problem but learned that there was a problem/defect in the window in general.
Have another leak in same window and warranty people told me that routine maintainence was the problem. It needs to be "calked." Even though the company changed window designs on newly built homes, patronized me with routine maintainence solution. Is there anything I can do to have them replace my window with the newly designed one of the same style? |
Harvey Braden
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posted 28 July 2007 11:53 CET
BEWARE Stoneridge Custom Homes...Long story short my family lived through the most miserable home buying experience that I can imagine. From the time we contracted with Stoneridge Custom Homes the customer service has been non existent. I was used to 'supervise' details that should have been none of my concern. Then I was told that I slowed down the construction process. A week before our scheduled closing date I informed them that I did not want to close on the scheduled date because there was no way the home would be complete. I was told "your contract says you must close or you will lose your $10k deposit". After voicing my concerns I was promised everything would be ready and the morning of closing I thought it actually was, but after closing we realized the HVAC system had not been charged or started, the septic system was not running, there were nails/screws in the garbage disposal, bath tubs were clogged with trash, hardwood floors were water damaged and the last coat of clear on the hardwood floors had never been applied. The builder doesn't return phone calls and after meeting other customers with the same experience I have realized he absolutely doesn't care about any of us. After living in the home for over 4 months we still have unfinished and water damaged hard wood floors, roof leaks, drywall damage, and a page long list of small details. I have sent email notices and a certified letter to the builder with no response. BEWARE of Stoneridge Custom Homes. Looking back I would have walked away from my $10k deposit in a second. They mainly build in the Mansfield, Arlington area. I have since learned that the builder operated under a different name about 6 years ago and with the 20 plus outraged customers recently created another name change is very likely. My home specs: 5,200 sq ft, 1.29 acres, 5 Bed, 5 Bath, Study, GM Room, Media RM, Balcony, 3 Car Grg, Paid $524k |
Lisa
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posted 19 July 2007 06:54 CET
About a year and half ago, I closed with Beazer Homes on a new construction condo in Jacksonville, Florida. Beazer "promised" a one year warranty on all home related issues. The first year was a mess, with a leaking bathtub that took the whole year to be fixed, one person shifting the blame to another. We also had problems with poor construction including that we could hear everything our neighbors above us did and everything our neighbors on each side of us did. The salesperson had promised that it was sound proof, but in fact I have since found out that they haven't used residental codes, but instead commerical codes for construction. Also, we have had problems with leaking in the bedroom. Which have led to mold. We had problems before with this leak and it turns out they the construction team had painted shut the dryer vent! So all the moisture from the dryer vent which runs over the bedroom was getting trapped there causing excess moisture and mold. Again, I thought this problem was fixed, but then again right after my one year warranty ended the moisture started gathering again in that same spot. Beazer said that they wouldn't come out to look at it since it was past my one year warranty even though it is a construction issue. Beazer does not know one single thing about customer service. They took every shortcut when building these condos and did not do proper installations on the bath tub, dishwasher, dryer etc. I was amazed at what a horrible job they had done. |
Gary Holden
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posted 14 July 2007 20:26 CET
I and my wife bought our house from Mainstreet Homes in 2001.
Within our 1 year warranty we complained about what seemed like mold in our windows. Mainstreet came out. They took out some sheetrock out on the windows which is most of them. and they found some moisture in most of the windows they replaced some insulation and did water checks. and said everything was ok. For the next 6 years we have been complaining about mold in the windows. Every time we call them out its the same story... condensation. This has affected our health and sanity. Can anyone tell us what we can do to get this fixed.
We appreciate any help you can give us.
Thank You |
Nancy Hentschel
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posted 13 July 2007 11:09 CET
Trendmaker has finally agreed to fix my tile if:
· I never tell anyone about Trendmaker’s outdated, watered down, spread too thin, mortar mix that was installed over building debris (sheetrock dust, paint, sawdust, mud and other trash) that caused my tile to erupt all over my house in Avalon.
· If I never discuss the terms of ”the settlement,” which is that they will fix my tile if (see above)
I would accept this agreement, except that Trendmaker also wants to buy the right to sue me, if I discuss my experience with anyone other than my attorney or my “immediate family.” That’s right, if I discuss this settlement or my experience with Trendmaker, with my cousins, my mother, and most certainly you, then Trendmaker reserves the right to sue me for breech of contract!
In this “silence settlement,” Trendmaker has also demanded that I remove all of the web entries that I have made, over the past two and a half disturbing years, concerning their defective tile work on my house, and their numerous misrepresentations. Imagine the prospects for entrapment with a silence agreement!? Trendmaker could make large sums of money, by entrapping others and me with taped phone calls, or merely inventing such accusations, as they did in their SLAPP suit against me.
In essence, Trendmaker is not offering to settle with me by replacing their poorly installed tile, they are in instead “buying my freedom of speech” for what it would cost to fix my tile. Please note that this offer to “settle” was made 2 ½ years after my tile began erupting, and after Trendmaker ran up my time and money in a SLAPP suit. http://en.wikipedia.org/wiki/SLAPP. In most cases, defending a SLAPP suit costs upwards of $10,000.00. In classic SLAPP suit fashion, Trendmaker "nonsuited", one day before the court date.
If I choose to sell my free speech for what it costs to replace my tile, then as much as I, and the many others who have sold their rights to speak honestly about their experiences with Trendmaker would like to, we will not be legally able to talk with you or anyone else about our experience, and thus document a pattern of problems with Trendmaker. This is why protesting a builder is usually a lonely affair. This is also why builders who settle with silence contracts seem to have far fewer complaints against them than they actually do.
Remember, most reputable builders simply fix the problem and would never demand a “silence contract.” Ask other builders. Trendmaker settled more than 30 tile issues in Katy alone (unfortunately using a silence contract). Ironically, the settlements were made only after these neighbors protested “together.”
What you can do to protect yourself now and later.
Call, email, visit or write your congress people today,
http://www.senate.state.tx.us/ http://www.capitol.state.tx.us/ http://lampson.house.gov/
and demand that they return your pre TRCC- (2003) homeowner rights, so that you can sue your builder if he has fraudulently installed defective materials, or built in an un-workmanship like manner. Your pre 2003 rights included your right to sue you builder to fix faulty workmanship and have the builder pay treble damages, as well as court costs, if the court found in your favor. Naturally under the force of these laws, builders were much more inspired to build better products, as well as to quickly repair their mistakes.
Post 2003 - TRCC, our homeowner rights, have become an expensive joke at our expense, and rest assured, our builder knows it. Homeowners must begin the complaint process by hiring a TRCC approved inspector (for even the most obvious cases) at a homeowner expense of $450. If TRCC feels like the homeowner has a case (Remember who makes up the TRCC) the "lucky" homeowner may then qualify to begin the high cost of arbitration. If a homeowner’s case requires the repair of gross negligence at a cost of less than $20,000.00, it might cost less to the homeowners if he or she pays for the repair “out of pocket.”
Explore these websites before you need them: www.hobb.org/ www.hadd.com/
http://www.fortbendnow.com/opinion/2519/homeowners-without-protection-are-falling-to-foreclosures http://www.Trendmakerhouses.com />http://www.ahrc.com/new/index.php/src/news/sub/letter/action/ShowMedia/id/3389
Know your rights, so that the choices you make “under stress” will not complicate you rights later. The police www.sugarlandtx.gov/police/ are helpful in outlining what you can, and cannot do, in protesting against your builder. Your homework here makes it much easier for any activist, or attorney, to help you when, and if, your builder files a SLAPP suit against you.
Remember you are protesting to have your builder behave in a responsible manner. Do not threaten anyone, step onto their property, or even tell your builder what you really think of his mother. Don’t go there! Stay focused on the issues.
Participate in your government! Your builder certainly has been!
Don’t sign a silence contract. It weakens your rights, as well as the rights of others in similar circumstances. |
chrissie griffin
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posted 12 July 2007 09:33 CET
Woman fighting black mold from flood in 10 Mile Flats
By Carol L. Cole
Transcript Staff Writer
The smell is something you won’t forget, sort of a stinking, rotting smell that makes your eyes blink and throat sore.
The crawl space at Chrissie Griffin’s home at 3307 48th Avenue NW is something to behold, but not in a good way. About a foot-and-a-half of putrid, stagnant water was trapped in the space — it was down to about 8 inches of water on Wednesday afternoon — and it is rapidly causing black mold to permeate her house.
“So it’s nasty,” Griffin said, her voice raspy. “I have a really bad sore throat.”
The home, which was built in the 1930s and moved to the site in the mid 1960s, has never flooded, even in wetter-than-average years in the 1970s. But this year is different.
Water crept near her house on 3.12 acres several times earlier this year. The crawl space flooded first on June 26, then June 28 and most recently Tuesday morning.
It’s meant Griffin has had to stay in a hotel.
Her barn is flooded, her hay ruined, her two horses sick. She moved them to a friend’s house but is keeping her dogs on the premises.
And the septic system is out of commission and can’t be pumped until the water is out of the crawl space. E. coli has contaminated her water well, as it has her neighbors’.
Griffin, who has lived there three years, had been tearing her carpet out herself. The single mom, who is broker/owner of Trustworthy Realty, hasn’t worked much in days.
“This is a full-time job,” she said. “Trying to deal with that stinking mold is just nasty. It stinks.”
Her insurance agent said her policy won’t pay for damage from flooding or from developments or zoning.
But now she’s getting some help. The City of Norman loaned her a pump to help her get the water out of her crawl space.
And the American Red Cross provided Griffin bottled water, food, a hotel room and have said they’ll help her replace her hay. They plan to contribute $150 toward replacement of her beds.
“They’ve been great,” she said. “I didn’t know they did some of these things.”
But until Griffin’s septic system is back up and running and the mold and E. coli taken care of, she will not be able to move back in.
The City of Norman also brought her neighbors, Darrell and Pam Jennings, a water tanker until their well is decontaminated, also from E. coli.
Griffin notes the irony of her situation.
She spoke in favor to the Norman City Council for the then-proposed, controversial Windstone Farms development, which is now called Fountainview Addition.
“I thought it would make property values go up,” Griffin said. “I had faith that they would do things responsibly.”
And she had been critical of her neighbor Pam Jennings, who vehemently opposed the development, saying it would cause drainage problems. No more.
The neighbors in the area believe the development, which is being built uphill to the east of their homes, contributes to their problem.
The developer, Sassan Moghadam of Precision Builders, brought in earth-moving equipment Wednesday afternoon to try to clear a channel and clean out tin horns for water to drain off his property just east of 48th Avenue NW and south of Griffin’s and the Jennings’ homes.
“When they say he’s timely, he was from June 26 to July 11 timely,” Griffin said, surveying the yellow bulldozers as they moved in to work.
Moghadam’s insurance agent has said he would meet with Griffin on Monday morning.
And Griffin said Moghadam made a verbal offer of $175,000 on her property, which she turned down, saying he had flooded her house and was now attempting to buy it cheap.
Moghadam on Tuesday blamed the drainage problems on record rains.
“We certainly did not create the rain,” he said. “I feel for the neighbors. … But we certainly don’t feel like it’s anything we’ve done.”
Carol L. Cole
405-366-3538
ccole@normantranscript.com
Flooded property ignites old fight
By Carol L. Cole
Transcript Staff Writer
Northwest Norman resident Pam Jennings figures she told everyone who would listen in recent years that properties in her area would flood if an adjancent development occurred as proposed. And now she says it’s happening.
The home of Pam and Darrell Jennings at 3211 NW 48th has become “an island,” with water ranging from ankle deep up to thigh-high surrounding it. The couple’s barn and shed are flooded, their cattle are standing in “belly-deep water” and their water well is contaminated with e-coli.
“It’s not good. It’s just a mess. We can’t, of course, drink the water. We can’t shower. We can’t do laundry. We’re having to go elsewhere. We’re trying to stay here, but it’s becoming more difficult,” Pam Jennings said.
Their flooding situation has reignited a feud between the Jennings and Precision Builders developer Sassan Moghadam.
“He’s using us as his detention pond,” Pam Jennings said. “He’s draining 40 acres of property down to the bottom, which is us.”
She said the City of Norman allowed Moghadam to build his Fountainview addition, formerly known as Windstone Farms and that is causing her problems. He owns half of the development at 48th Avenue Northwest and Tecumseh Road, which was originally planned for 196 homes on 77 acres.
Jennings and Les Crabtree, who died April 23, attempted to fight Moghadam with an initiative petition garnering 2,400 signatures, through the courts and all the way up to the Oklahoma Supreme Court, losing their battle in December 2006.
Seminole County District Judge George Butner first dismissed the petitions July 28, 2005, based on an insufficient number of valid signatures and lack of the text of the relevant ordinance on the petition.
The Norman City Council voted to rezone the property Sept. 24, 2004, from agricultural use to single family dwelling in two cases concerning the property, and from residential estate dwelling and agricultural use to single family dwelling in the other.
Moghadam blames the Jennings problems on the record rainfalls.
“We certainly did not create the rain,” he said. “I feel for the neighbors. … But we certainly don’t fee like it’s anything we’ve done.”
Moghadam said the problem is that water doesn’t have anywhere to go.
He said when the initial plan for Windstone Farms was proposed, there were two detention ponds included.
Moghadam said those were later eliminated, after the neighbors protested them. The City of Norman allowed the ponds to be eliminated on a “fee in lieu of” basis.
That was vehemently denied by Pam Jennings.
“We never opposed the detention ponds,” she said.
Moghadam said the city has asked him to do some temporary drainage solutions.
“But we can’t make (water) go beyond the 10 Mile Flat Creek,” he said, noting water was backing up where it goes into the creek. “Our intent from day one was to do some improvements to the horse farm across the street.”
Pam Jennings told the Norman City Council on Tuesday night that the developer had done lots of dirt work, but had not implemented his drainage plan and still didn’t have a sewer solution, since he had planned on working with Ashton Grove.
A drainage channel created by Moghadam had silted in, she said, and the developer had been cited with several violations by the Oklahoma Department of Environmental Quality, which was confirmed by Public Works Director Shawn O’Leary.
Pam Jennings said their first flooding event occurred in mid-March, long before the downpours of May and June.
“This property has not been dry since March,” Pam Jennings said. “It’s just been this constant everyday not knowing what’s going to happen, not knowing what to expect.”
The couple is concerned that their horses that are standing in water will have hoof rot and develop black leg disease.
Properties of Chrissie Griffin and Todd Ensor also are flooding to the north of the Jenningses.
O’Leary said he believed the problems were caused more by the excessive rainfall than by drainage issues with the developer. |
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