Flooding : Future home building would require more dirt/fill to be brought into the community in the areas designated for building.  The addition of homes in the community has the potential to put a greater burden on water drainage.  There are already areas within the community that flooding is an issue. 

Implied Covenant/No Entitlements should remain valid:  When Benge developed and sold homes in Eastwood, it was declared a golf course community.  This is how the development was marketed, by Benge, to prospective homeowners. The layout and names of streets/communities reflect the original theme and design of the community. The lots with a view of the golf course were sold at a premium.  Homes were purchased under the impression of certain amenities and lifestyle. For Benge to come back 20+ years later, after he made his profits and left the community, in an attempt to make more money by developing on the very property he used to sell to original homeowners is ethically questionable. In other words, the planned development was built out as originally contemplated and any additional entitlements that remained (304?) from the original # allowed for the community were forfeited when all the parcels were used up in the design of the community. 

Lack of Proper Legislation to Protect Homeowners:  There is no law or timeline that automatically terminates or closes a developer’s rights to attempt to develop once the community appears to be finished.  Our situation in Eastwood is somewhat unique. Without discussing all of the legalities around why Benge/Caproletti can even legally make the request to develop, the important point is that it has been over 20 years since they were actively developing in Eastwood.  Benge is the one who is trying to assert that he wasn’t finished years ago by saying he has 304 entitlements left to build.  Benge stopped building and left the area.  He is acting like he didn’t lead the community to believe he was done, and now wants to pick up where he left off. 

More points to come….