Homeowners Association Sues Developers Over Mud Encroachment

The homeowners association of the Hampton Preserve neighborhood is suing the developers of a massive development in Silver Creek over mud runoff from the property.

The lawsuit, filed in Floyd County Superior Court, states that the land clearance from the 200-plus acre Pleasant Valley Preserve development off Pleasant Valley Road is causing a mud runoff onto the neighborhood’s property including a maintained walkway and pond. That runoff, residents say, is clogging up a fountain in the pond and has damaged it as well.

The named defendants in the case are JTG Holdings, Unionmain Homes Atlanta LLC, Three Rivers Devco Inc., Bryan Ponder and Denton West.

“Plaintiffs seek damages for the loss of use and engagement of the Homeowners Association lake, common areas and amenities,” the suit filed on July 3 states.

The lawsuit also claims that those involved in the development of the large property have conspired to transfer land titles “for the sole purpose of attempting to shield and defeat the claims of the plaintiffs.”

While the residents of the Hampton Preserve and Hampton East neighborhoods have strongly opposed development plans for the neighboring property, the city commission in October 2021 annexed a part of the property planned for Pleasant Valley Preserve development. However, most of the assembled properties were already zoned for the development.

Since then, the plans for the development lay somewhat fallow but land clearing work began sometime around the end of 2023 or beginning of 2024.

The lawsuit claims the defendants have not used best management practices to keep erosion from the clearing of the property. The resulting erosion is affecting their properties.

Images included in the lawsuit show a muddy runoff overflowing a neighborhood walking path as well as a mud colored lake. The lawsuit claims both of the issues are a direct result of negligent practices from the nearby development.

The residents have sought to get the City of Rome to issue a stop work order, which was issued in May and then rescinded, according to the suit. They’ve also appealed to the Georgia Environmental Protection Division to no avail.

An amended complaint, filed this week, also states the issue is ongoing. On July 8, residents reported that recent rains caused more mud to flow onto their properties.

“As of July 9, 2024, the defendants continue to trespass and continue a nuisance on the plaintiff’s property,” the amended complaint stated.