GILROY
– A nearly six-month dispute between a seven-generation Gilroy
family and an Eagle Ridge housing developer appears to be over.
GILROY – A nearly six-month dispute between a seven-generation Gilroy family and an Eagle Ridge housing developer appears to be over.
A confidential settlement is being circulated between lawyers for the two parties and a signed agreement is imminent, Thomas family attorney Perry Woodward said.
For the past several weeks, Woodward said, attorneys have been crossing the T’s and dotting the I’s on an agreement that settles a water dispute between the Thomas family and Shapell Industries. However, Shapell lawyers put a clause within the agreement prohibiting anyone involved in the case to discuss its details.
“I’m not happy at all about the confidentiality aspect of this,” Wood-ward said. “I’m glad both parties could reach a satisfying resolution.”
The agreement effectively ends a dispute that began early last summer when Shapell cut off the Thomas family water supply. Shapell is a Milpitas-based developer trying to build 13 new Eagle Ridge homes on land that the Thomases’ quarter-mile water pipeline runs through.
Differing interpretations of an agreement between the original landowner and the Thomases led to the fray. The Thomases believed, based on a handshake agreement made decades ago, they had permanent rights to the spring water pipeline that ran to their Miller Avenue ranch home.
Shapell wanted the family to tap into a city water pipeline the company was required to run to the Thomas property, which the family never did despite written notices the spring water pipeline would be cut off. The development firm also contended the family had easement rights to a neighbor’s well.
In late July, Shapell rerouted the spring water pipeline so the Thomases could continue receiving free spring water and the company could continue building homes. However, a judge ruled Shapell could not reroute the water line until the case was resolved.
According to Woodward, the Thomases believed the rerouting was a disingenuous attempt to bring lesser quality water to the family so the development firm could build homes. The Thomases claimed the rerouted pipeline was not bringing the same quality and temperature of water to their home as the original pipeline.
Although details are not being discussed, a satisfactory agreement for both sides likely involves a rerouted spring water pipeline of a higher quality. That way, the Thomases get the water they’ve always gotten and Shapell has a clear path when it builds the 13 new homes.
