Add to Wishlist. Denova Homes State Civil Lawsuit Superior Court of California, County of Contra Costa , Case No. Soon after the developer/owners convinced the City Council to rescind the public vote on changing Pine Meadow from open space to housing, the developer/owners sued us. The Initiative says these lands can still be converted to more intensive development uses like housing or commercial, but the Initiative will require that any such change be approved by Martinez voters. There is talk of a lawsuit, and the Council�s position is unclear. While the parties continue to believe strongly in their respective positions, they acknowledge that opposing views may also have some validity. First, apologies to my realtor, I know he wanted me to drop this nonsense against DeNova Homes, as much of what I have written about will need to be disclosed when we sell. Better? In September, the court agreed with us that this was a SLAPP suit (Strategic Lawsuit Against Public Participation) designed to harass and interfere with our right to free speech, and keep us (and you) from speaking out on Pine Meadow. �Bringing a lawsuit against the City Council and a wealthy developer is a daunting undertaking, but the Council�s and the developer�s actions in rewriting history would have set a dangerous precedent for manipulating our government. This excerpt from the City�s letter to the developer states: �As you [the developer] noted in your original application relating to this property, submitted in October of 2013, the property's current General Plan Land Use Designation is Hidden Lakes Specific Area Plan; Permanent Open Space/Recreation Permanent. Since we owned the house there has been a major drainage issue. More important, I hope it would make prospective buyers think twice before spending their hard earned money with this developer, especially at Emerson Ranch in Oakley. Pine Meadow (the Last Martinez Park*) Is �Connected�! No drainage pipe was replace, which tells me there was no real fix to the problem. Here’s the story: On July 10, 2019, an Agreement was reached with the following provisions, subject to Court and City Council approval: DeNova Homes will develop 65 houses on approximately 12 acres of the former golf course. DeNova Homes is a Concord-based company founded in 1989. Public design charrette was held for citizen hands-on input of ideas for park uses and layout on 8/10/19. . Maybe that’s something I need to explore, I am sure there is an attorney willing to go after a developer like DeNova Homes. Share This Save listing This Save listing THE IMPORTANCE OF LETTING people know what they can say on public issues at the Council and in other public forums like the newspapers and the Internet is underscored by the upcoming June Primary election and the many significant issues that will be on the ballot. Last week, it was discovered there was a leak in the upstairs bathroom. We ask the public to continue to support us in this by joining us on Facebook, Friends of Pine Meadow, and here on our website, and by volunteering and donating what you can. While not the typical way to get things done, my wife has been texting Kevin regarding ongoing issues since last month. We ask for your support and your donations to help us in this effort. We are well aware, as we were told by a DeNova representative, “you didn’t purchase a custom home.” Hopefully something positives comes out of this debacle by Friday. Did we not spend enough on it? Additionally, DeNova Homes has filed a lawsuit claiming the City is not complying with the Agreement. The company's services include developing of portfolio of real estate projects that range from small infill communities to multi-million dollar master plans, enabling its clients to get not only a better homes but a better community. These cracks are just part of the problem. Since that time my wife and I have spoke to some of neighbor, who, like us have recently moved in. Any damage to your local blockchain can do it. The court hearing is scheduled for December 20. Fall rains have brought back the green to Pine Meadow. Quick View. The Court ruling also finds the Council action violates State Elections Code Section 9241 that protects the people�s right of referendum. On July 10, 2019, an Agreement was reached with the following provisions, subject to Court and City Council approval: The Agreement is between the City of Martinez, Friends of Pine Meadow, Martinez residents Tim Platt, Kerry Kilmer and Mark Thomson, DeNova Homes, Inc., Civic Martinez LLC, and Meadow Creek Group LLC. A DeNova customer service representative stopped by early last week, as my wife discussion varies problems still experienced, along with the water leak. For 30 years, DeNova Homes has earned a reputation as one of the most respected homebuilders in California. If the fans were turned on with proper wiring, there was a good chance the rotation of the blades would have brought the ceiling fan crashing down onto the couch in the great room. On Saturday, August 10, 2019 at noon in the City Hall Council Chambers located at 525 Henrietta Street, the Parks, Recreation, Marina and Cultural Commission (PRMCC) will hold a design charrette. The suit names DeNova Homes, Inc. and Civic Martinez, LLC, the current developers/owners of Pine Meadow, as Real Parties in Interest. By law, the defendants will be allowed to recover legal fees and costs. The City Council is still pursuing their lawsuit against Measure I even though it�s now City law, and, yes, this does not make sense. The following day, the remediation company, selected by DeNova Homes came over to start the drying and dehumidifying process. Of course not, by that time the house will be our of warranty and the homeowner will be required to pay the price to repair the poor concrete that was poured. Two citizens with no involvement in the lawsuit issues were included in the suit, including one for just speaking at City Council meetings. The City is conducting a public process to determine the public improvements to be constructed in this new park. View where DeNova Homes builds in master planned developments or individual communities. They have NOT been trying to find a solution that would work for all interests and be to the public benefit, even if it requires using some public resources or making other sacrifices. Currently the City Council has the ability to convert these lands to other uses. I have started writing up a rough draft to Michael Finney and 7 On Your Side to see if the media would like to see get a piece of the action and expose DeNova for the poor quality control. About DeNova Homes. DeNova Homes | DeNova Homes is an award winning home-builder in Northern California specializing in all areas of residential construction.View our current & past neighborhoods & get home decor ideas in the process! Between July and September of 2019, a number of those actions were instituted. Last year, the City Council voted to pass a General Plan Amendment turning Pine Meadow Permanent Open Space/Recreation into housing. The land use designation of Open Space/Recreation, Permanent for Pine Meadow will remain in place. See updated pricing and inventory daily. Sale! On 9/18/19. I confirmed the BBQ lit using the electric starter, as both are plugged into the same outlet. Not sure why homeowners have not united together and put forth a class action lawsuit against this company and this poor quality homes. We still have blue and green tape in our walls signifying a problem area that was never addressed by their sub-contractors. The development plan will now have to be resubmitted with the proper open space land use designation along with a request for General Plan and Zoning Code amendments. This is the first new park in Martinez in over 20 years. Background: On July 17, 2019, the City approved a Final Map for the Traditions at the Meadow (formerly, Pine Meadows), project to be located on the former Pine Meadows Golf Course Property. One of the most respected home builders in California. The 1973 General Plan explicitly allows a certain amount of residential development on certain privately owned open space. The charrette will help to inform the proposed park improvement design which will subsequently be presented to the PRMCC for a formal recommendation. Winning the SLAPP suit is about more than the Pine Meadow issue. FOPM quickly named the lawsuit a SLAPP (Strategic Lawsuit Against Public Participation) suit whose sole purpose was to harass and impede FOPM. At DeNova Homes, we make commitments to the people of the community, and through innovative design, strive to build a better, more sustainable community. I don’t fear what I visually see, poor finishing, poor paint, hinges and door hardware with paint over them, a used front door repainted to match our home. The suit challenging that resolution was filed against the Martinez City Council and the City on April 17, 2017. It took approximately two weeks for DeNova to get the personnel to resolve the problem. In my opinion, there is no excuse for the sort of challenges we have faced since the keys were placed in my hand. Northern California is the perfect region. $5200 back splash and they can’t seal the grout? It wasn’t caught, as it was leaking from the supply line, under the toilet and not on a regular basis. The following trademarks and service marks belong to the company noted. We will keep you advised of the next steps in this conflict. All parties have agreed to the following, subject to Court and City Council approval: This Settlement Agreement results from months of effort by the parties. We are confident the decision to dismiss the suit will stand, and will keep you informed as it proceeds. DeNova Homes - Building a Better Community At DeNova Homes, our approach is simple. While I won’t recant all the problems we’ve had since we’ve taken ownership, as they are all on my site, just type in ‘DeNova’ in the search bar. WE OFFERED TO PUT ON such a presentation at a future City Council meeting, if the Council could not do it. On July 10, 2019, the City of Martinez, DeNova Homes, Inc., Civic Martinez LLC, Meadow Creek Group LLC, Friends of Pine Meadow, and Martinez residents Tim Platt, Kerry Kilmer and Mark Thomson reached agreement on a settlement of all outstanding disputes about the disposition of the former Pine Meadow Golf Course and the validity and interpretation of Measure I. �Friends of Pine Meadow has already called upon the Martinez City Council to provide a clear explanation to the public that they have the right to speak on public issues before the Council and in public forums,� he said. And including an additional 100 unnamed defendants in the suit posed the specter of a lawsuit against anyone who opposed turning Pine Meadow into housing. The Court of Appeal�s decision is a victory for anyone who has been intimidated and frightened or kept from speaking out because of the threat of being taken to court,� said Stuart Flashman, defendants� co-counsel. Some media sources have written about the Initiative, but the Initiative is not completed, so those reports are not accurate. The court upheld a ruling, under California�s �anti-SLAPP statute,� that the defendants were sued for statements and acts made on a topic of public interest, and that the plaintiffs failed to demonstrate that their claims�which included defamation, interference with contracts and business interests, and conspiracy�were supported by evidence. As with many land use issues, this one is pretty complex---the Staff Report is 501 pages long with public support for the open space comprising a large number of those pages. Like us and Javier, he hasn’t been impressed with DeNova Homes to date. Just look at all the problems we cited that they decided not to address that are now bigger problems. In fact it’s getting worse. These We need your help to tell our Council we expect them to stand up to this threat and protect our community�s standards and Martinez Open Space. Note on the upcoming Initiative to Protect Martinez Open Space that will go before the public soon: This Initiative is in final preparation and has not been issued for public signature yet. Sales Representative Kaylah was friendly and knowledgeable, She followed up promptly for any of my questions, be they … Just a few weeks ago the developer/owners decided to appeal that decision. From San Jose to Petaluma to Manteca, DeNova Homes builds better communities with thoughtful design. DeNova’s website talks about “quality and integrity” and even CEO, Dave Sanson is committed “to providing complete customer satisfaction.” Guess he hasn’t read my response on the DeNova Welcome Survey. Denova Homes will provide and pay for $1,000,000 of improvements on the park area and associated open space and pedestrian paths. In the recent Gazette article on major 2018 events, the successful Martinez Open Space and Park Protection Initiative (Measure I) has been confusingly jumbled together with the Pine Meadow �Rewrite History� lawsuit�which was brought by citizens to overturn the City Council vote that said it was all a �clerical mistake� to make Pine Meadow open space. Some might consider me boarding crazy, but as of today, 38 days later only 2 out of 63 items have been addressed. The rewriting of Pine Meadow history was referenced in public testimony supporting that conversion. While the remaining items on my list will be carried over, I don’t expect much movement from DeNova to resolve any of them. The manager said all the problems were resolved and DeNova wouldn’t address them. DeNova got a plumber there within a few hours and come to find out, the supply line wasn’t not even finger tight. Many of the discrepancies I have brought to their attention are punch list items, but based on our dealings with DeNova to date, I don’t feel some of them are going to be addressed. There was no time for the staff, the public or the Councilmembers to study and review all the information DeNova presented, much of which turned out to be false and/or misleading. I continued on and started troubleshooting. 2) The Initiative adopts historic 1973 General Plan (the current general plan) provisions regarding housing allowed on private open space. The twelve-page City Staff Report said just the opposite, but the Council still voted 4-1 to overturn the Pine Meadow open space designation that had been in place since 1973. DeNova Homes followed through as scheduled, we had a three man crew at our home April 26 and 27 to start working on our punch list (catch up on the continuing sage, here).Many items on the list were paint related, but the overall finishing was very poor quality, appearing to be a rush job by some low bid contractor. None of the tile on the floors or our kitchen back splash were sealed. Questions regarding this Press release should be directed to: Veronica Nebb, Martinez City Attorney�s Office � 707-996-9690, Dana Tsubota, Executive Vice President of DeNova Homes, Inc. - 925-685-0110, Stuart Flashman, Attorney for Friends of Pine Meadow � 510-652-5373, The Martinez City Council has lost the Pine Meadow �Rewrite History� lawsuit. Friends and co-workers are continually asking how we like our new home and many are surprised by our response. I reset the circuit breaker, tripping out both breakers labelled ‘kitchen’ but to no avail, the refrigerator remained off. The Court of Appeal found that the lawsuit, brought by plaintiffs Christine Dean, DeNova Homes, and Civic Martinez LLC, was properly dismissed as a Strategic Lawsuit Against Public Participation (SLAPP Suit). In hindsight, that wet spot was the water leaking in the bathroom. It was nothing more than smoke and mirrors up front that convinced us that Emerson Ranch as “a place of a different pace” as it is advertised. It’s getting to the point, the frustration and disappointment aren’t worth the price of the home and we want to move! The City and DeNova Homes are working to resolve issues regarding project plans and permits on the Pine Meadow site. Since the public vote on Pine Meadow was rescinded in March and the lawsuit was instituted against us in April, we have been busy collecting petition and e-mail signatures from concerned citizens at numerous public events. Rated 5.00 out of 5 $ 65.98 $ 32.99. Since the time that the property was formally annexed into the City in 1970, it has never been in a residential designation. Measure I, the Martinez Open Space and Park Protection Initiative that citizens voted into law in June, requires that any future housing project on Pine Meadow will be subject to the approval of Martinez voters. P.S. No action will be taken at this time.” At this time, so when it does become wide enough, does it suddenly get repaired with DeNova footing the bill? Frustrated, I swore up a storm at not having cold beer, but more so because this is just another problem we now must face. Following it the official City Press Release describing the process: Subject: PARK IMPROVEMENTS DESIGN CHARRETTE � Future Public Park - Traditions at the Meadow (formerly Pine Meadow). Following that I Googled it. DENOVA HOMES. DeNova Homes will develop 65 houses on approximately 12 acres of the former golf course. Tim Platt and Mark Thomson for Friends of Pine Meadow. Find Reviews, Ratings, Directions, Business Hours, Contact Information and book online appointment. We make it easy for you to compare communities, plans, and see specials and incentives directly from DeNova Homes. Sadly, we are coming up nearly 2 years of ownership and the problems DeNova Homes has claimed to repaired still exist. The Landing has 98 stylish flats ranging in size from 674 to 1,149 sq.ft. The Martinez City Council resolution to reverse the forty-three year old open space designation of Pine Meadow has been challenged in court by Friends of Pine Meadow and Tim Platt, a Martinez resident active in open space/park and other local issues since 1988. And protecting what is important to us for December 20, 2018, but the microwave dishwasher! T put much thought into over the holiday period Coyote 21″ outdoor refrigerator around Martinez plugged into the.. 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