Developers face suit over unfinished work

County commissioners voted Thursday to sue the developers of the Falcon Heights subdivision for bailing on the project before paving roads and installing drainage as promised.

El Paso County will seek more than $650,000 from Tom Pfost, Connie Pfost and Jack Pfost to complete the public improvements the subdivision has lacked for almost a decade.

“That is the most positive thing we’ve seen come out of it since I moved in two years ago,” said Bob Raskey, who lives in the development on Chelsey Way. “It is unfortunate that it had to come to this but I am thrilled that the county finally took the steps necessary to see that something gets done.”

Neighbors in the development near Woodmen Road and U.S. Highway 24 have pleaded with the county to intervene for months after their attempts to work with Tom Pfost failed.

Telephone wires remain exposed, and residents try to maintain the development’s 3.5 miles of gravel roads despite being promised pavement by the developer before any of them moved in.

“It is nothing but washboard and dust,” Raskey said.

None of the Pfosts could be reached for comment.

Raskey said Tom Pfost told him and his neighbors that “they had no more money for the Falcon Heights subdivision.”

The county’s lawsuit against the Pfosts comes after the county was unable to collect on the developers’ bond.

New York-based Frontier Insurance Company went bankrupt in 2001, two years after the Pfosts entered into a Subdivision Improvements Agreement with the county that guaranteed paved roads and other infrastructure would be completed as houses were built.

A New York state court order prohibits the county from suing Frontier.

“We now have the worst of two worlds,” Commissioner Dennis Hisey said. “I’m not interested in a moral victory here ... I want real money that we can complete the improvements with.”

At today’s prices, it would cost an additional $100,000 to complete the improvements than it would have in 1999.

It will also take at least a year for the lawsuit against the Pfosts to play out.

County staff is working with Falcon Heights neighbors to plan solutions to the development’s roads.

“We’re going to try to get something done out there to make the place more livable,” said interim County Attorney Bill Louis.

Assistant County Attorney Cole Emmons has said that this was only the second time in 10 years a developer has defaulted on a project.

CONTACT THE WRITER: 636-0232 or carlyn.mitchell@gazette.com