Moana Litigation Settlement – The Other Side!

The following memo received from Bruce Gescheider regarding the Moana Nursery litigation Settlement is posted for SU reader information:

The SOA Board of Directors refused to post our press release to the SOA membership about the lawsuit they initiated against Moana Nursery. Here is a link to the now settled litigation press release.  Obviously, we feel abused and used by the Development Company, its leadership and the SOA Board of Directors and just wanted to go on the record versus this “construction defect” vilification:


Bruce Gescheider
Moana Nursery

2 thoughts on “Moana Litigation Settlement – The Other Side!

  1. Dear Mr. Gescheiter

    The Moana side of the story makes interesting reading to those who have been trying to “unbury” the decsions made by Somersett Development, the SOA Board (are they the same?) supposedly to repair construction defects.

    I would suggest that you place an ad with your letter to our community in Somersett Living Magazine (your competitors Signature Landscaping have one this month); and stress that you guarantee the quality of your work previously done in Somersett and look forward to taking care of all landscaping services and projects.

    The other local magazine is “Good Life”

    Green Green Grass of Home

  2. Back in 2012 when the Board was looking for homeowner votes to continue the litigation, Ray Lee, Somersett Board Member, wrote the following in rebuttal on the SU website to a post by a resident who believed that Moana had been wronged:

    ” I will tell you that in my opinion some their statements are misleading and/or incorrect. For example, Moana, the irrigation installation company and Hansen, the irrigation design company, were notified of the irrigation issues in a letter from our attorneys in Feb. 2008; the swarm of earthquakes occurred in April 2008 after notice was provided of the problems; we have ~1,000 photographs of leaking pipes after digging them up to look at the problems most of which are from 2007 documenting what experts believe to be improper installation and have stored the defective parts replaced as evidence, etc.”

    It seems to me that either Mr. Lee or Mr. Gesheider has their time line of issues (defects) incorrect.

    I recall from when I first moved here in 2006 that there were always major leaks, issues with the irrigation system. Wasting water in a desert due to leaky irrigagtion systems does not seems to be a great idea, especially as we are now suffering from a severe drought. I can recall that the HOA had a water bill of over $65K (end of 2011) when the system was supposedly shut-down in the winter.

    As a homeowner, it does not seems that the irrigagtion systems installed by the developers/builders are very robust. I have had catastrophic failures with mine. This requires system removal and replacement. Plus spikes in my water bill!

    Geoffrey Brooks

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