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Trial begins in the face of builder’s attempts to deprive US Army Colonel of Constitutional Rights
After two years of amassing thousands of dollars in legal fees, the Hiratas obtained favorable rulings from the state agency TRCC, the Third Party Inspector (assigned by the TRCC), and the TRCC Appellate Panel regarding multiple construction defects. Despite the confirmation of the defects in the home, Sitterle failed to make the repairs so the couple filed a lawsuit against Sitterle Homes regarding their 2-year-old home that has water intrusion issues in the basement.
HOMEOWNERS
for
BETTER
BUILDING
Email:
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- Website: www.hobb.org
— PRESS RELEASE —
FOR IMMEDIATE RELEASE Contact: Janet Ahmad
September 28, 2006 210-402-6800
Hirata vs Sitterle Homes
Thursday, September 28, 2006
Bexar County Court House
Trial begins in the face of builder’s attempts to deprive
US Army Colonel of Constitutional Rights
San Antonio
– The trial of active duty US Army Colonel Jay Hirata and wife, retired Lieutenant Colonel Joy Hirata, a 31-year Army Veteran verses homebuilder Sitterle Homes begins today.
Last week Colonel Hirata and Joy had planned to speak to the Mayor and City Council members to express their concerns for careless building practices in
San Antonio
and inadequate city inspections. However, on September 18, 2006 the homebuilder, Sitterle Corporation, unexpectedly filed a defamation suit against Colonel Hirata for filing a public complaint about their defective home.
After two years of amassing thousands of dollars in legal fees, the Hiratas obtained favorable rulings from the state agency TRCC, the Third Party Inspector (assigned by the TRCC), and the TRCC Appellate Panel regarding multiple construction defects. Despite the confirmation of the defects in the home, Sitterle failed to make the repairs so the couple filed a lawsuit against Sitterle Homes regarding their 2-year-old home that has water intrusion issues in the basement.
During these difficult times, the couple has been apart 15 months due to the on-going litigations and inability to sell their home. Colonel Hirata was transferred to a NATO assignment in
Spain
while his wife was forced to remain behind and handle the demanding legal matters.
Recently, Colonel Hirata expressed his frustrations publicly regarding their ordeal and of dealing with the much-criticized TRCC system, and its inability to force the Sitterle Corporation to remedy the construction defects with their home as outlined by the TRCC.
The couple wrote local, state, and congressional leaders, local military installations within
San Antonio
and consumer organizations, and posted a complaint on the
HOBB
.org website expressing frustration over the inability to hold Sitterle accountable.
In this unprecedented move, Sitterle’s has filing a suit to oppress the free speech of a US Army Colonel who continues to serve his country, which creates a scandal that even the building industry must find outrageous.
According to the Colonel in a written statement, this experience with the TRCC and the Sitterle Corporation has been more stressful than his combat tours in
Iraq
(Operation Iraqi Freedom) and
Pakistan
(Operation Enduring Freedom) combined.
This family has endured an unnecessary separation, financial hardship and stress which was preventable. They should be enjoying their lives together, but instead have suffered through the TRCC process and litigation, and now face another war on the home front, to defend the right of free speech in what is seen as a frivolous lawsuit designed to intimidate.
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