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A study conducted by the Dam Safety Program, under the Texas Commission on Environmental Quality, revealed that a portion of the Majestic Lake dam does not prevent erosion. It also cited problems with the structure of Crown Lake. Homeowners maintain that the construction is the cause for low lake levels.
Since filing the suit, the Crown Oaks POA decided to work with the developer to find a solution for the leaking lakes. It dropped its suit this fall.
However, the homeowners who also were listed as plaintiffs wanted to continue the case. The case lay stagnant for six to seven months until this fall, when two groups, each with 10 individual plaintiffs, hired attorneys to represent them in their lawsuit.
"The POA and the homeowners had spent tens of thousands of dollars, but when there was a change in the board members, the feeling toward the lawsuit changed," said attorney Kevin Forsberg, who represents 10 of the individual homeowners.
Attorney J. Daniel Woodall is representing the other 10 homeowners.
In addition to suing the developer, the group represented by Forsberg filed a suit against the POA in November.
"The POA tried to get out of the suit as a plaintiff, so my group has also sued them," Forsberg said. "The individuals were not satisfied. ... Even though the POA started working with the developer in the hopes that the lakes would be fixed, nothing has actually been done."
Crown Oaks LLC recently hired a new management group to review the lake situation and "to identify any and all problems, including permitting, that need to be addressed," according to Crown Oaks POA's most recent newsletter. It states that the management group will conduct hydrology and geotechnical studies.
"The developer is taking remedial action to ensure that the lake will hold water," said attorney Christopher Atwell, with the Houston firm Fritz, Byne, Head and Harrison LLP representing the developers of Crown Oaks. "There are some issues with the lake levels that need to be addressed, but the developer is working with the POA to resolve it."
According to suits filed in November by the developer, it appears that Crown Oaks is trying to shift some of the residents' blame for poor lake conditions toward the companies which designed and constructed the lake dams.
Crown Oaks developers filed lawsuits against Powers Engineering, which designed both lakes' dams, and Wiggins Paving and Material, despite Crown Oaks not seeking required permits prior to beginning construction of the lakes, according to TCEQ. The developer has stated that Crown Oaks did not know the permits were required.
The case against the developer is expected to go to trial in October 2008. In the meantime, more lawyers are expected to come on board and additional filings could be made at the courthouse.
"An immense amount of activity will occur over the next few months," Forsberg said. "The case is not going to get stagnant again."
Lucretia Fernandez can be reached at lfernandez@hcnonline.com.
