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November 30, 2009

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Henderson residents caught in Del Webb-MacDonald feud

Tuesday, Sept. 26, 2000 | 10:37 a.m.

A simmering three-way conflict between management at Del Webb's Sun City MacDonald Ranch, its residents and a prominent developer may bubble over into picket lines and litigation.

Residents at Sun City who claim Del Webb sales staff deliberately misled them about the ownership of the mountainside acreage behind their homes are gathering Wednesday night to share their home-buying experiences and collect the names of those willing to picket.

"We're just mad that they lied to us," said homeowner Tony Cutropia. "We don't want to do litigation. We don't want to do picketing. We just want this land to be left alone. We want to get on with our life, so to speak."

Complaints about misrepresentation were first made almost a year ago when Rich MacDonald, a Henderson developer, first informed homeowners he had plans to build homes behind their property.

The revelation that the land was not owned by the federal government came as a shock to some homeowners. Many residents claim Del Webb sales staffers assured them the land behind their homes was federal property.

Since that time there has been no internal investigation by Del Webb of its sales staff, company spokesman Sean Patrick said.

But company officials have requested MacDonald release Del Webb from a contractural clause that prohibits it from objecting to the development of the 55 acres owned by McDonald. The legal clause was agreed to when Del Webb purchased the land now known as Sun City MacDonald Ranch from MacDonald in two phases during 1995-96.

In a letter to MacDonald dated Sept. 20, Frank Pankratz, general manager of Del Webb's Sun Cities, said the company shared "many" of its residents concerns and requested release from the contractural obligation.

"We want to be able to be involved in the process," said Sean Patrick, spokesman for Del Webb. "If we say anything one way or the other it can be interpreted as opposition."

But in a formal reply on Monday, MacDonald failed to respond to Pankratz's request. Instead he chastised the property manager for attempting to divert attention away from Del Webb's responsibilities to its homeowners.

"I don't believe your attempt to make me the heavy and Webb appear to be on the side of the homeowners will fool anyone," MacDonald shot back. "If you really felt a genuine concern for your community, you will address the allegation of misrepresentation by your sales staff."

When residents gathered earlier this month to get a peek at MacDonald's proposed Village IV development, more than 100 homeowners said they had been misled by Del Webb's sales staff.

While disgruntled homeowners have sought the advice of an attorney, Cutropia said no legal action is planned at this point.

"We do want to give Del Webb time to come up with a solution," he said.

About 2,000 fliers have been distributed to Sun City homeowners announcing Wednesday's meeting at Desert Willows Community Center.

Patrick said Del Webb has received 29 letters of complaint from homeowners.

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