GILROY
– The developer of the high-end Eagle Ridge housing project is
proposing to reroute the decades-old water line a
seventh-generation Gilroy family has been fighting to keep
intact.
Shapell Industries, a Milpitas-based developer trying to build
13 new Eagle Ridge homes near the Thomas family ranch, has filed an
injunction with Santa Clara County Superior Court.
GILROY – The developer of the high-end Eagle Ridge housing project is proposing to reroute the decades-old water line a seventh-generation Gilroy family has been fighting to keep intact.
Shapell Industries, a Milpitas-based developer trying to build 13 new Eagle Ridge homes near the Thomas family ranch, has filed an injunction with Santa Clara County Superior Court. The document asks for permission to cut the cast iron pipe delivering free water to the Thomas family property. In exchange, the developer will bring a new water line to the Thomas home.
Shapell has permission to build 13 homes in the mouth of the canyon behind the Thomas ranch, but the existing water line impacts the developer’s ability to do grading for five of the units. Relocating the existing line would allow Shapell to begin work on the five homes while the lawsuit gets resolved.
Although the rerouting of the line would continue the supply of free drinking water to the Thomases, the family is asking Superior Court Judge William Elfving to deny the injunction. Thomas attorney Perry Woodward said Shapell’s proposal is a disingenuous attempt to bring lesser quality water to the Thomases so it can build homes before the case is tried in court.
“It’s a makeshift water line,” Woodward said. “The Thomases have a cast iron pipe underground that brings cool water. (Shapell is) proposing to build a PVC pipe above ground and that could affect the temperature of the water.”
Woodward said the Thomas family also is concerned water from the new pipeline would be delivered with insufficient pressure.
In a written statement, Shapell attorneys said, “The purpose of the request is to meet development, construction and grading schedules associated with Shapell’s plans for the Babbs Canyon area of the Eagle Ridge planned development.
“Shapell is obligated by court order to maintain a water connection to the Thomases until the two parties settle (their) dispute, so today’s motion is consistent with the court’s wishes.”
Shapell says the Thomases’ complaint is not regarding their ability to obtain water, rather the requirement to pay for water they “surreptitiously took for free.”
Shapell wants the family to tap into a city water pipeline the company was required to run to their property. It also contends the family has easement rights to a neighbor’s well.
In June, Shapell cut the Thomas water line to move forward with its development of the five homes that will border the five-acre Thomas ranch. Days after Shapell cut off their water supply, the family filed suit.
In addition to permanent restoration of the water line, the Thomases want $50,000 to compensate them for alleged drops in property value. The family is in escrow to sell one of the three houses on the ranch.
The family says handshake agreements made years ago ensured their water line would not be severed due to neighboring development.
Judge Elfving will hear oral arguments on the injunction July 31. Typically, the judge’s decision will be rendered days after the hearing.
