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Saturday, May 3, 2003

Builder waits for lead verdict


Construction comes to halt

By Jennifer Edwards
The Cincinnati Enquirer

LIBERTY TWP. - One of the nation's largest home-building companies announced Friday it would stop selling homes at a Butler County subdivision that has drawn state and federal investigations into lead contamination.

An attorney for Ryland Homes told the Enquirer the company had halted sales as of Friday. Residents at Lexington Manor and their attorney recently held a press conference to publicly ask Ryland to cease home construction and sales.

"Ryland is currently closing (on) one house already under construction and is in the final stages of construction on another home that is expected to close with a customer in the next few weeks," attorney Chris Habel wrote.

"This is the only construction planned in the community at this time. As of today, Ryland has discontinued efforts to market homes in the community until the situation is addressed."

Nineteen families in the subdivision recently sued Ryland and others over the lead problem.

Company officials were seen removing flags, banners and signs Friday afternoon at the subdivision's entrance off Millikin Road, residents reported. There are five empty lots and 12 homes for sale out of 46 total lots in the subdivision, they said.

"It's about time," said Robin Lumbert, 35. "No one else should be subjected to the lead issue until it's all cleaned up. It's hell living here not knowing what is going to happen."

While it is rare for homebuilders to halt sales in subdivisions, particularly in areas as lucrative as fast-growing Butler County, Realtors weren't surprised by Ryland's decision.

"When you look at the liability that builder might face by proceeding, I could certainly understand how they could reach that conclusion," said Frank Chapman of Comey & Shepherd Realtors in West Chester Township. "It's a costly one, but one that needs to be resolved."

Lead at Lexington Manor has been a controversy since last year, when high levels were detected in a yard and residents contacted the Ohio Environmental Protection Agency.

Since then, more high levels - and two hazardous ones - have been found.

The neighbors want their 25-acre subdivision, built on a former skeet shooting range, to be cleaned to the quality of virgin farmland, which is what they say they thought they were getting when they bought their homes for $190,000 to $330,000.

Last month, OEPA asked the federal arm of the agency to take the lead on the investigation.

The U.S. EPA has the authority to have the soil removed under the Superfund toxic-waste cleanup program and then pursue reimbursements from the responsible private parties.

E-mail: jedwards@enquirer.com.




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