Homeowners sue developers over bad roads

By Justin Anderson | Mar 16, 2009

WINFIELD – A group of homeowners in a Red House subdivision say the developers of the community are responsible for the deteriorating roads there.

Summit Pointe Homeowners Association sued developers Bill E. Morton and Sami Metre Ghareeb, Morton Construction Enterprise and unknown person in a lawsuit filed Feb. 19 in Putnam Circuit Court.

The association was charted in 1997 and Morton and Ghareeb began to sell lots there for people to build houses, the complaint says.

Though the association's "declaration" puts the responsibility of keeping up the roads on the homeowners, the plaintiffs are blaming the developers for shoddy construction, including slips, slides and cracks plus a defectively installed roadway heating system.

"In designing and constructing the aforesaid roads (the defendants) failed to use the proper care and techniques in conformance with industry standards for safety and durability or residential neighborhood road construction," the complaint says.

"These defendants failed to properly assess and build the roads for the conditions existing in Summit Pointe, and as a result, the defective roads within Summit Pointe are now in a significant state of deterioration, requiring substantial repair and need to be completely reconstructed."

The plaintiffs are seeking various damages, including punitive, plus legal fees.

The homeowners are being represented by Mark A. Sadd and I. Franklin Hartman III. The case is before Putnam Circuit Judge Phillip Stowers.

Putnam Circuit Court case number: 09-C-58

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