When a housing development is being built, it’s normal that neighbors will experience some problems with noise and dirt, but residents of the Jubilee retirement community think contractors aren’t taking enough care as they build Sierra Vista.
Eight residents of the retirement community have hired an attorney, Levi Monagle, to seek relief from what they have described as excessive dust and dirt over a prolonged period of time.
“It’s everywhere and it’s really fine. It’s like powder,” one resident said in a KRQE news report. “It’s like flour coming through. The more they dig it up and bring in the dozers, and they start moving dirt, and the wind blows the more we get it and it’s ruined, it’s ruined everything here.”
Dirt and dust from the Sierra Vista housing development next door, residents say, has seeped into their homes, collecting along window sills, counter tops and HVAC systems. Some residents say they wake up in the morning coughing, with some saying they can even taste the dirt.
Monagle is asking the courts to step in.
“Injunctive relief would seek the intervention of the court and would seek a court order requiring these defendants to effectively stabilize this land and prevent wind and dust erosion,” Monagle said
Monagle said the problem affects enough people at the retirement community that it could turn into a class action lawsuit, but first, they'd like the problems to stop. Residents say they'd also like the developer to be held responsible for cleaning all the accumulated sand in their homes. Monagle said they are also seeking damages.