Liz Kellar

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April 30, 2013
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Nevada County golf course lawsuit tentatively settled

A lawsuit having to do with whether homeowners at DarkHorse should have to pay for approximately three years of sewage treatment has been settled.

While the settlement is still tentative, the attorney for the homeowners, David Alkire, said Tuesday he was “confident” it will be wrapped up soon.

“There have been ongoing problems over a number of years,” said Alkire, who represented more than 50 defendants in the suit, many of whom still live in the luxury development.

“They are very pleased to have this dispute behind them,” he said.

Alkire would not comment on details of the proposed settlement. Andrew Harris, the attorney for DarkHorse Golf Club LLC, could not be reached for comment.

A complaint for damages was filed in June 2011 in Nevada County Superior Court by DarkHorse Golf Club LLC, asking for compensation because it shouldered more than $580,000 in sewage treatment services for three years. The complaint named the DarkHorse owners association and more than 70 property owners as defendants.

First billed as the “Street of Dreams,” the development next to Lake of the Pines went into foreclosure in 2007 when developer Ed Fralick defaulted on the property. Owens Financial Group foreclosed on the development’s golf course and on 75 residential lots in 2007 and subsequently discovered the waste treatment plant for the development had not been completed. Waste was being partially treated at DarkHorse, then hauled to Lake of the Pines.

From 2007 to 2010 — until an upgrade connected DarkHorse to the sewage plant — Owens Financial paid for a certified operator to oversee the treatment plant, as well as plant maintenance costs and transportation of the partially treated sewage to Lake of the Pines.

The complaint filed by Harris in 2011 alleged that when the corporation took over the sewage collection and treatment in 2007, the defendants agreed to pay for their share of the costs for the operation of the DarkHorse sewer system.

“It’s a simple case, really,” Harris told The Union earlier this year. “We provided an interim service, and they won’t pay for it.”

To contact Staff Writer Liz Kellar, email or call 530-477-4229.

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The Union Updated May 1, 2013 12:08PM Published May 3, 2013 02:15AM Copyright 2013 The Union. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.