Baywinds Residents Sue Lennar

Judge to rule on residents' suit over road extension


Article Courtesy of The Palm Beach Post

By Kelly Wolfe
Published October 4, 2005


WEST PALM BEACH A judge is expected to rule this week on whether 22 families in the Baywinds community, who say they were never told about the possible expansion of Roebuck Road until after they bought their houses, should have their day in court.

Attorneys for Lennar Homes, which built Baywinds, asked Palm Beach County Circuit Judge David Crow to dismiss the case.

"There is no road, there may never be a road and we're being sued," said Lennar attorney John H. Dannecker of Orlando.

The residents sued Lennar on June 2, saying it failed to tell them about plans for the Roebuck Road expansion. Ron Kaiman said he was in his home for a year before he read about the plans in the newspaper.

In addition to that, residents said, some people may have paid more for lots on what Lennar sales staff described as a "natural preserve." The road expansion would destroy the view they paid for, attorneys said.

As an alternative to trial, the case could be ordered into arbitration. If that occurs, arbitrators will decide if all 22 families will be allowed to remain on the same case, similar to a class action lawsuit, of if they will have to each seek individual representation and fight Lennar alone.