At the April 14th Board Meeting under Agenda item 6.a “Legal Updates”, it was reported that the SOA has been named as a co-defendant in a new lawsuit by Preston Homes. This regarding damages suffered by Preston Homes resulting from a rockery wall constructed by Ryder Homes on Preston Homes property. The original lawsuit (CV20-02124) was filed with the District Court on December 31, 2020 and listed Witts LLC and Preston Homes LLC as Plaintiffs and Ryder Homes of Nevada LLC as defendant. However, and amended complaint was filed by Witts and Preston Homes on April 4, 2021, which listed the Somesett Owners Association (SOA) and two others (VersaGrade Inc. and Manhard Consulting Ltd.) as co-defendants. A copy of the amended complaint is accessible via the following link:
CV20-02124 Amended Complaint
The amended complaint addresses SOA culpability under Article 17 as follows:
“SOMERSETT had a duty to investigate the veracity and proprietary of Ryder’s application for the proposed construction, and the impact of the proposed construction, and to not enable the illegal and tortious construction of the retaining wall or to facilitate Defendants’ intentional and/or reckless disregard of Plaintiffs’ property rights. SOMERSETT reviewed and approved RYDER’S application to construct the unpermitted retaining wall on WITTS’ property without any request or consent of, or any notice, to WITTS. SOMERSETT has refused to provide meaningful response to requests for information related to the approval process and/or submittals provided, only highly redacted and useless information.”
The amended complaint sounds like a lot of BS to SU, but that is for the lawyers to address.
The following post submitted by Warren Lyons. (SU note: This post was submitted earlier but overlooked by SU. SU apologizes for the late posting but Mt. Lyons has advised it is still relevant).
“The proposed Witt Family mini storage project at the Somersett I-80 entrance area received a mass grading permit on February 22, 2021. The permit and mass grading approved plans are available now at the City of Reno web site. The mass grading permit Number is “BLD20-09309E”
The permit description of Work to Be Done text says “Commercial grading & Site Improvements.. Mass Grading, Retaining Walls and Drainage. Improvements for future mini warehouse storage site.” The permit is attached.
witt storage building permit
Earlier project drafts, no longer on the City of Reno building permit web site, described the project as having slightly under 500 storage units with associated lighting, drainage and re-vegetation of the project area. This earlier concept building plan document was listed on the Building Permit application tracking file but it was not released under a public records request in October, 2020; the current building permit file no longer lists this document.
Apparently, the mass grading permit does not provide for public review and comment on this phase of the project but hopefully the public can provide comments and concerns on the actual construction plans.
The Somersett AGC is listed in the City of Reno building permit tracking with a review and comment document; the City of Reno has to date declined to provide this document through a public records request.
SOA AGC – Witt Storage landscaping plan
There are questions and action items that could be asked by our Somersett and Sierra Canyon homeowners.”