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post trial brief - AboutForsyth.com

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4/27/2007 $850.00<br />

D. KW Soils, Level 4 Soil Survey and Water Sampling:<br />

Level 4 Soil Survey of Common Area: $1,300.00<br />

Water Sampling: $1,000.00<br />

Total of Expenses in support of subdivision interests: $13,369.27<br />

16.<br />

Ivyshaw Landing Subdivision is not in <strong>com</strong>pliance with county code. The subject residence,<br />

9140 Ivyshaw Landing, sits on stolen government property and discharges septic waste onto property<br />

stolen from the homeowners of the Ivyshaw Park Subdivision. The Plaintiffs, ILNPOA, accepted this<br />

fraudulent condition from the developers in exchange for illegal septic systems on their own personal<br />

homes.<br />

17.<br />

Due to the non-<strong>com</strong>pliance of the subdivision with county code, the following corrective<br />

actions must be imposed as stated by the reports from RMA and Mill Creek:<br />

1. A moratorium on all sales and transfers of property until <strong>com</strong>pliance with codes can be<br />

achieved in order to keep from passing fraud to any other innocent victims (home buyers,<br />

lenders, investors, and ultimately the pubic who will be saddled for cleaning up this mess<br />

through their tax dollars).<br />

2. Return of the Common Areas to the rightful owners.<br />

3. Removal and remediation of Common Area property contaminated with septic effluent from the<br />

illicit installation.<br />

4. Immediate corrective action for those septic systems discharging septic effluent into the<br />

environment.<br />

5. Cleanup and remediation of public lands affected by the sewage contamination and sediment<br />

contamination from excessive erosion.<br />

Page 8

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