Berding & Weil LLP filed a class action lawsuit in October, 2006 in the county of Placer, California on behalf of homeowners within the Foskett Ranch development. The suit alleges that Meritage Homes, the developer of the Foskett Ranch subdivision located in Lincoln, California, intentionally neglected to disclose to prospective buyers that the abutting sawmill was in possession of an easement allowing it to project noise, dust and odors onto the Foskett Ranch community. The easement, which Meritage Homes was wholly aware of prior to developing Foskett Ranch, was designed to leave the homeowners with little legal recourse to challenge the operations of the sawmill.

Additionally, Plaintiff alleges that Meritage Homes failed to disclose to prospective buyers that excessive noise generated by the abutting sawmill would be of such a magnitude as to present a constant disruption for the residents of Foskett Ranch. The noise, typically loudest at night, renders a pervasive nuisance on the community, often interfering with the residents' sleep.

Prior to granting approval to develop the Foskett Ranch property, the City of Lincoln imposed on the developer a number of noise mitigation measures to address the impact of the sawmill's operations on the future residents within the development. Meritage Homes failed to implement the required measures, resulting in excessive and continuous noise projected onto the Foskett Ranch community.

As a result of the alleged misconduct, Foskett Ranch homeowners have suffered damages to the quiet enjoyment of their homes, and fear without proper amelioration the continued operations and practices of the sawmill will present additional adverse effects on the value and use of their homes.

If you would like to find out more about the case, or share your experiences with your Foskett Ranch home, you may contact Allison Andersen at Berding & Weil at (925) 838-2090.

For documents related to this case please click here.