Subject: (Beal) Residents Awarded Millions for Lost Vistas (fwd)
Date: Fri, 5 Feb 1999 033327 -0600 (CST)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
--------------------------------------------------
---------- Forwarded message ----------
Date: Fri, 5 Feb 1999 01:39:22 EST
From: EMFEFFECTS@aol.com
To: "Roy L. Beavers"
Subject: Residents Awarded Millions for Lost Vistas
Roy,
You and your network members involved in cell tower placement issues might
find the enclosed article from the 2/4/99 issue of the Austin American-
Statesman one more useful example for use in legal matters regarding "lost
vistas". The placement of cell towers in pristine areas of woods and other
scenery (esthetic issues), and the reduced real estate values which may result
from homes in proximity to the towers certainly seem to fit the criteria of
"lost vistas". This might provide some additional legal leverage to use in
addition to EMF/EMR issues....at least this approach is more understandable to
most folks and would seem to carry more weight in tower placement concerns.
Regards,
Jim Beal
EMF Interface Consulting
http://www.emfinterface.com
Enclosure:
RESIDENTS AWARDED MILLIONS FOR LOST VISTAS
By Leah Quin
American-Statesman Staff
Published: Feb. 4, 1999
Eight families paid $7,500 to $14,500 extra for views when they bought homes
in Northwest Austin that overlook the cedar trees and knee-high grass of the
Hill Country. Last week, a Travis County jury decided $2.5 million was just
compensation for the loss of those vistas to impending construction and the
anticipated reduced value of their homes. The amount includes punitive damages
against homebuilder Scott Felder Homes, which the families sued in 1995,
saying its agents promised them a permanent, unobstructed view of the
greenbelt behind their back yards in the Canyon Creek subdivision. "I felt
vindicated," said Yvonne Caswell, who bought her Canyon Creek home in 1993.
The jury's decision capped four years of litigation and a three-week trial.
But the verdict, which will depend on a judge's decision later this month and
likely several years of appeals, won't stop concrete from being poured on the
land south of Yorktown Trail. The landowner, Captex Development, who
wasn'tultimately a target of the suit, had always planned to expand Canyon
Creek. That information never reached the eight families, who said they
trusted their sales agents. "We were shocked to see houses planned there fence
to fence," Carol Huber said, recalling the homeowners' association meeting a
year after they moved in, when agents first displayed a model of rows of
houses behind theirs. Huber and husband Gary could get $265,000 if the jury's
decision stands. Scott Felder, who sold his business five years ago to Ryland
Homes said Wednesday there was miscommunication between the homeowners and his
sales agents about the extra money paid for a view. In court, agents testified
that the extra money for a "lot upgrade," as much as $14,500 in some cases,
actually referred to the cost of building on a slope. Since selling his
business, Felder -- named 1994's Entrepreneur of the Year in the real estate
services category by Austin accounting firm Ernst & Young -- has quit building
homes altogether. He works as a minister in San Antonio and does missionary
work in Mexico and Central America, he said. "While I owned that company, we
built a reputation on integrity and honesty. Honesty was always our No. 1
priority," Felder said. "I stand behind my employees at that time." He
declined to answer specific questions about the case. His attorney, Doug
Brothers of Austin, referred questions to Ryland's corporate headquarters in
Columbia, Md. Anne Madison, a vice-president and spokeswoman for Ryland, said
she couldn't discuss specifics because of plans to appeal the verdict. "We
believe both Ryland and Scott Felder acted properly and in good faith
regarding these properties," she said. "We intend to contest this vigorously."
Because Scott Felder Homes no longer exists and Ryland was not sued, the
homeowners' best chance of recovering the award lies with Scott Felder Limited
Partnership, which is partnered with Ryland Homes of Texas, said Ed Watt, an
attorney for the families. The suit also named Scott Felder Inc., Scott Felder
Management Inc., and Scott Felder Management Limited Partnership as
defendants, Watt said. Though not familiar with the case, Austin real estate
attorney David Armbrust said it seemed a clear lesson of "buyer beware."
Realtors and homebuilders frequently advertise property as being close to a
greenbelt, and
charge higher prices for homes with a view. But "greenbelt" has a number of
different
meanings, including a federally protected nature preserve, land dedicated to
the city or a homeowners' association, or simply land that isn't yet
developed, with no guarantee it won't be, said Armbrust, the recently elected
president of the Austin Real Estate Council. Would-be homeowners can check out
plans for adjoining property through the city's Development Assistance Center
at 301 W. Second Street or look at zoning maps via the city's Web site at
www.ci.austin.tx.us.
The Canyon Creek families said it never occurred to them to contact the
developer directly or check preliminary plans for the land behind their homes.
Several moved to Austin to work for computer companies and had only a few days
to find a house.
"We trusted them," Huber said of the homebuilders' sales agents. Tuesday,
noise from approaching construction hummed in the background as the families
talked about the case. They said they'd give back the money if they could
still have their view, which allows them to watch sunsets from kitchen windows
that were widened to take in the scenery. "This is why we came here, the
natural beauty and privacy," said Vasantba Gohil. "Now that's gone."
You can check this story out at
http://austin360.com/news/metro/1999/02/04builder.html
>From Jim Beal, EMF Interface Consulting
http://www.emfinterface.com
Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html