Westerra Management Llc

Council candidates challenge mailer

A recent political mailer from Sequim Councillor Ted Miller annoyed some of his advisers and fellow challengers some local developers. He warned voters against Pete Duncan, the race for position 1, and John Miller, position 2, because of their alleged alliance with the developers and the inclination to reduce or abolish the developer impact fees, developer paid a fee on new buildings and structures for the new city roads and other projects.

Ted Miller said developers want taxpayers to pay their costs and increase their profits and do all they can do to try to hide the positions of their candidates. He said that the result of impact forces oppose charge residents to raise taxes or suffer the congestion and traffic conditions dangerous without further improvements.

Candidate John Miller wrote in an e-mail to the Gazette Ted Miller is trying to distract voters from the decision of the Board to ignore the needs and desires of residents for their own agenda to build a room $ 20 million of the city.

"In this effort, he used the old tactic of pitting one group against another and to spread fear," writes John Miller.

"He also insinuated that I am unjustly in the pockets of local developers and (they) are" ready to regain control of the council. "How two of the seven regain control? "

John Miller said it is the cost impact stunted the construction industry, jobs destroyed and arrested growth in Sequim. Greg McCarry, president of Westerra Homes, said the mailer leaves the other side of the story.

"He alleges that while the developer is only a burden to the taxpayer or the city, but does not show how it is balanced with revenues," said McCarry. "It ignores the economic activity that generates the construction activity for the city. "McCarry said it generates jobs, tax revenues, revenues from license fees and the cost of capital for the city's infrastructure, namely water and sewer.

Home on the Bombing Range-Part 4

This installment of examples developments constructed on former bombing ranges is  Virgilio v. Ryland Group, Inc. et al, 695 F. Supp. 2d 1276 (M.D. Fl. 2010) which involves the infamous Newport subdivision of Vista Lakes that was constructed adjacent to or on top of a World War II-era bombing range known as the Pinecastle Bombing Range (“PBR”)

In 1999, defendant Terrabrook purchased nearly 1,000 acres of undeveloped land in southeastern Orlando. As the developer, Terrabrook was responsible for subdividing the land, paving the streets, roughly grading and compacting each home site, and installing the water, sewer and drainage systems throughout Vista Lakes. Terrabrook then sold the prepared home sites to builders such as Ryland pursuant to a residential lot purchase and sale agreement.

Following sale of the lots to Ryland, Terrabrook and the other defendants actively marketed the development to the general public. In particular, the defendants operated at least two web sites and advertised through newspapers, radio and billboards. Defendants also operated, at least in part, the "Vista Lakes Welcome Center," where prospective residents could review the site plan for the entire development, learn which builders were building in particular subdivisions of Vista Lakes, and where the builders' model homes were located

After  discovery of the unexploded ordinance, plaintiffs filed their lawsuit. Plaintiffs alleged that Terrabrook knew that the PBR contained "unexploded firebombs, rockets, ammunition, ordinance, and toxic chemicals" and acted in concert with defendant Westerra Management, LLC (“Westerra”) and Newland Communities, LLC ("Newland") to create, manage and develop Vista Lakes without disclosing the existence of the former bombing range.  The plaintiffs  did not allege any bodily injury or property damage claims but solely the diminution in the economic value of their home (i.e. the difference between the artificially-inflated price that they paid for their home and the alleged reasonable fair-market value that they would have paid for the home had defendants disclosed the existence of the PBR).

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