Judge delays ruling on blasting

Tuesday, April 26, 2005 | 9 a.m.

A District Court judge has postponed a decision until Wednesday on whether to allow a developer to resume blasting in Henderson where residents claim explosions have damaged their homes.

During a Monday hearing, District Judge Douglas Herndon said he needed more time to review the written arguments and put off hearing testimony until Wednesday morning from Foothill Partners and Henderson.

Foothill Partners, the developers of MacDonald Highlands, is seeking an injunction allowing it to resume blasting, which was halted by Henderson in March. The city sent a letter to all blasting contractors working in the city to suspend any explosions within 300 feet of homes or buildings, until it could investigate the damage.

Assistant City Attorney Mark Zalaoras said a 30-day study conducted by a consultant hired by the city was completed on Friday, but the results won't be available for another month. The city is examining blasting done in three separate locations in the MacDonald Ranch area, including MacDonald Highlands and Crystal Ridge subdivisions.

A spokesman for Foothill Partners, which plans a 91-lot subdivision west of Dragon Ridge Country Club, said Monday that heavy winter rains and not blasting is likely responsible for any cracks found on the interior and exterior walls of homes.

Mark Fierro said there are homes several miles away from the blasting that have similar damage.

"We understand that people are concerned about their homes, but there are perceptions and there is reality," Fierro said. "The reality of it is the detonations are much smaller than can ever cause any damage to homes. For some people to compare it to the Nevada Test Site days doesn't do any good."

That explanation of heavy rains isn't being accepted by homeowners, said Glenn Christenson, a resident of MacDonald Highlands who lives across the street from the blasting and estimates there are several hundred people with damage. He said he has cracks to his walls that will cost thousands of dollars to repair, and the repair cost isn't covered by insurance. Other residents have had cabinets fall, while some have had patio covers separate from their homes, he said.

"They say it's the wind, the rain, hot and cold and any number of things, but they have yet to tell one person the damage is caused by blasting," Christenson said Monday. "This damage has been found in a very short time period. There are times natural forces have impacts on homes, but this has accelerated the aging of our homes."

Zalaoras said Monday he filed a brief with Herndon arguing that the city has the discretion to halt the blasting. He said the city acted prudently in responding to complaints about damage.

"We wouldn't be doing our job as regulators if we didn't investigate this," Zalaoras said.

Randall Jones, the attorney for Foothill Partners, argued that Henderson doesn't have the discretion to stop the work because the developer was following the city's blasting ordinance, which he called the most restrictive in the state. He said the national average allows four times as much vibration.

Fierro said the detonations are small and people shouldn't get the impression that the company is using dynamite. Foothill Partners, through its contractor Donner Drilling & Blasting, has used ammonia nitrate to clear rock formations for home and road construction.

"It is not logical that it is coming from detonation." Fierro said. "This blasting is done all over the country, and there is a great deal of science behind it."

Henderson is considering further tightening its blasting ordinance to include more regulations, Zalaoras said. No new guidelines have been developed at this time, he said.

Foothill Partners has sought a quick resumption of blasting because the company can't sell lots until it prepares the site. Interest expenses on the land are mounting in the meantime, officials said.