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post trial brief - AboutForsyth.com

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were filed one year apart, both represent that they are original versions with no revisions. Both<br />

represent that they were reviewed, signed off and approved within just a few days of being submitted.<br />

Together, they make conflicting representations as to the use of the Common Area, so that the<br />

developers and the County could show to various government entities whatever picture they wanted to<br />

present at in any given circumstance.<br />

14.<br />

Plaintiffs Exhibit 43 and Defendants' Exhibit 1 both show that the entire Ivyshaw Landing<br />

subdivision (18 Lots) has responsibility for operation and maintenance of the installed Community<br />

Septic System. However, in contravention of the intent of the County Commissioners, the Ivyshaw<br />

Landing Covenants have been unilaterally modified by the subdivision developers to fraudulently<br />

remove from responsibility of maintenance those lot owners who have individual septic systems<br />

installed.<br />

15.<br />

Defendants' have incurred expenses on behalf of all of the homeowners in the subdivision<br />

which the Plaintiffs have refused to acknowledge because of their stated desire to ignore the problems<br />

of the subdivision, for their own personal benefit. Those expenses include:<br />

A. Rindt-McDuff Associates, engineering:<br />

7/6/2007 $2,500.00<br />

10/16/2007 $210.53<br />

3/10/2010 $5,552.74<br />

5/14/2012 $780.00<br />

Total: $9,043.27<br />

B. Mill Creek Environmental Services:<br />

11/9/2012 $1,176.00<br />

C. Total Surveying, in support of RMA investigation:<br />

Page 7

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