Tulsa World: Suit names city, apartments

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Suit names city, apartments
South Tulsa homeowners want an injunction against the Sonoma Grande's alleged nuisances.

By KEVIN CANFIELD World Staff Writer
Published: 11/23/2009 2:27 AM
Last Modified: 11/23/2009 4:16 AM

A group of south Tulsa residents has sued the city of Tulsa and several private entities claiming proper development procedures were not followed when Sonoma Grande apartments were built at 81st Street and Mingo Road.

The lawsuit was filed last week in Tulsa County District Court by dozens of individuals who own property in the Villages of Highland Park.

It seeks an injunction to stop the alleged nuisances caused by the 336-unit apartment complex and to be compensated monetarily for the losses those nuisances allegedly caused.

The lawsuit does not seek monetary compensation from the city. Instead, it seeks compensation from the private entities named as defendants, including Sonoma Grande Tulsa, L.L.C.

"Sonoma Grande residential apartment complex was recklessly or alternatively negligently designed, processed, developed and constructed by the non-governmental defendants," the lawsuit states.

As a result, the project violates height limitations, fails to provide meaningful visual separation between the abutting property owners and Sonoma Grande, includes dangerous and intrusive parking, and creates water runoff that damages abutting properties, according to the lawsuit.

"The Plaintiffs assert that the offensive actions taken as well as the resulting conditions ... annoy, injure and endanger them in their comfort, repose, health and safety," the lawsuit states.

The legal action by the homeowners comes nearly eight months after the developer and the homeowners failed to resolve their differences at a mediation session arranged by Mayor Kathy Taylor and hosted free of charge by Dispute Resolution Consultants, Inc. of Tulsa.

For at least six months prior to the mediation session, homeowners from the Highland Park subdivisions of the Reserve and St. Thomas argued that the city had failed to follow its own procedures — including providing proper public notice — by allowing the three-story structure to be built as close as 54 feet from their property owners.

The structure has blocked their views, destroyed their home values and robbed them of their privacy, the homeowners say.

An official from the city's Development Services Department said the apartment complex has been granted all of its necessary permits.

Representatives for the plaintiffs, the city and the developer declined to comment.

The case is CJ 2009 8759.

Kevin Canfield 581-8313
kevin.canfield@tulsaworld.com By KEVIN CANFIELD World Staff Writer

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	Report Comment Fruits&Nuts, (11/23/2009 6:01:52 AM) It will be interesting to hear their argument regarding how they have a right to a view of undeveloped land. The way you ensure that view is to purchase the land, but since nobody thought of that, then let's sue somebody, er everyone! Get over it Highland Park, you won't be able to show any damages, and I have to believe the apartment people are insulated enough to be judgement proof.
	Report Comment Webmeister, Tulsa (11/23/2009 6:28:40 AM) If anyone was to drive through the Villages of Highland Park subdivision, anyone can plainly see that the value of the homes in this gated community has been diminished. The apartments loom high above the single family homes. For some reason, the developer was allowed to bring in tons and tons of fill dirt to elevate the already too-all three story apartments. The homeowners in the Villages of Highland Park S/D can thank the unelected Mr. Wayne Alberty of the TMAPC for this injustice.
	Report Comment QLC, (11/23/2009 7:01:06 AM) Thank you Mr. Alberty! At least now, hundreds of people can enjoy the views rather than a few hoity toity gated residents. I guess it sucks to have been duped by your developer when they knew all the while that the entire area was not fully planned. Same thing happened at 81st and Sheridan where the developer stated a nursing home would be on the corner which is now known as Wal-Mart. Since I don't see them leveling the apartments, I don't see what the neighborhood expects to gain from a lawsuit. Maybe they could get the apartments to paint a landscape on the side of their buildings. Or a total environment like the Venetian in Las Vegas. Life isn't fair, and it gets less fair when you sit around and expect someone else to take care of things. Highland Park failed to take control of their destiny.
	Report Comment r0rschach, (11/23/2009 7:17:04 AM) no that is FALSE! HP thought their destiny was based on PUD plans that were subversively thrown away and secretly swapped out for zoning that went back to 1993! It was classic deception enabled by the developer friendly offices of INCOG. This will be the poster child of why INCOG should go away and the city should do its own planning and development.
	Report Comment fld11, (11/23/2009 7:41:19 AM) These folks in the gated area need to stop whining and get a life. Their properties will now be overseen by apartment dwellers - keeps everybody honest. They are the nuisance
	Report Comment irwindale, Tulsa (11/23/2009 7:54:39 AM) Tulsa seems bent on allowing the developers to continue without real regard for Tulsa neigborhoods. Costco was in talks to develop 10 N Yale. Instead we have Ruth Kaiser Nelsons baby. Four story mental health and homeless shelter. Costco would have paid taxes. Bad, bad and really bad.
	Report Comment DBJohn, Tulsa (11/23/2009 8:21:21 AM) Highland Park did try to take care of of this situation but without success. The developers of the apartments failed and ignored proper procedures.
	Report Comment Matt W., Tulsa (11/23/2009 8:28:59 AM) The developers have all of the proper permits... so what did they fail to do? they didn't tell the home owners, in this gated community, that they were building apartments? that's too bad... they don't have to tell them anything... yeah they may be close to the houses, but it's not on the home owners property so they need to shut it and get over it...
	Report Comment r0rschach, (11/23/2009 9:13:24 AM) actually YES they do have to notify abutting properties and that is part of the reason of the suit. They clandestinly obtained approval on older plans that were assumed to be null and void.
	Report Comment moogle, Tulsa (11/23/2009 12:43:59 PM) >> but it's not on the home owners property so they need to shut it and get over it Indeed. I was thinking of starting an auto salvage and scrap metal yard there. I guess that's OK as long as none of my junk touches their property.
	Report Comment r0rschach, (11/23/2009 2:45:02 PM) why stop there? I'm sure if a developer wanted it INCOG would allow a strip club there with donkey shows.
	Report Comment loudshirt, (11/23/2009 4:25:07 PM) So they can sue for this but, when North Tulsa residents tried to stop the city from building "transient" housing or whatever it is by Yale and Admiral they were told to be shut up it is for the greater good. Now that rich people cant have their views because they were too short sighted to see the property behind them was not part of the addition, or too silly to realize that people can and will buy that property and develop it into something weather or not the gated community likes it.
	Report Comment Thunder196, Tulsa (11/23/2009 5:02:55 PM) Can we sue. You sure can, says the lawyers. The question is will they win? Probably not. Lawyers don't usually say no, they keep taking the money until the cow is milked dry.
	Report Comment Bat1, (11/23/2009 10:47:53 PM) Really. Who thinks the people running Tulsa know anything about anything? All you have to do is check out our roads. Drive down Lewis...about 4 feet short on both sides...someone got ripped off and that was the taxpayer! Now everything locked up, broken down and blocked? They suck. Bunch of dirty country cornflakes.
	Report Comment Bat1, (11/23/2009 10:48:47 PM) And good call on the lawyers too, Thunder. You are EXACTLY right my friend.
	Report Comment Carlos, Tulsa (11/24/2009 12:42:36 AM) Donkey shows?
	Report Comment Mr_Breeze, (11/24/2009 10:05:51 AM) r0rschach, you are most definitely one of thee most uniformed and unitelligent NITWIT's I have ever read
	Report Comment Paix, Tulsa (11/24/2009 1:06:02 PM) "It is better to remain silent and be assumed an idiot, rathen than open your mouth and remove all doubt."
	Report Comment Paix, Tulsa (11/24/2009 1:07:43 PM) rather**
	Report Comment Paix, Tulsa (11/24/2009 1:08:38 PM) That's actually pretty funny. I just proved my own point by mispelling that in the quote...lol.

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