Lawsuit is seeking road and pond completion in Tower Meadows
VALPARAISO | Porter County filed a lawsuit this week against a local developer in hopes of finding the funds necessary to complete road and detention pond work at the partly constructed Tower Meadows subdivision in Center Township.
The money is not there because the bond that the developer is required to post to assure this type of work will be done is gone, which apparently has never occurred before, County Commissioner Bob Harper said.
It is the county's understanding the bond is no longer valid because of the failure of the bank associated with the development.
The suit accuses SW Developers and registered agent Bryan Siewin of failing to comply with the development terms of its primary and secondary plat approval by the county.
The list of deficiencies in the suit includes defective pavement, missing and damaged curbs, incomplete detention ponds, clogged drainage sewers and outlets, incomplete seeding and erosion control, incomplete acceleration and deceleration lanes and incomplete utility relocation for those lanes.
These deficiencies create public nuisances, which are injurious to the health of residents and interfere with the enjoyment of the area, the suit says.
The suit asks the court to order the developer to correct the deficiencies or award damages against the developer to cover the cost of the work and compensate the county for its related damages.
Siewin could not be reached Tuesday for comment.
"You can't let a subdivision just sit out there without roads," Harper said.
Residents of the subdivision, located at the southeast corner of County Roads 550 North and 250 West, have complained about dangerous conditions posed by the roads and the lack of snow removal.
Harper said the county has agreed to remove snow this winter, despite that the roads are not complete.
He also said this type of problem would no longer occur as a result of approval of the county's new unified development ordinance, which requires developers to complete infrastructure before building homes.
Michael Whiting, the original financial backer of the project, who told The Times last month he negotiated for the purchase of the property, said he intended to see the project through to completion.
Whiting said he is doing all of this even though only four of the 68 homeowners had complied with the agreement to pay $300 annually to the property owners association for snow removal, lawn care, entrance beautification and other maintenance work.
Posted in Porter on Wednesday, November 18, 2009 12:05 am Updated: 11:59 pm. | Tags: Indiana, Nwslttr
© Copyright 2010, nwi.com, Munster, IN | Terms of Service and Privacy Policy