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Jury rules against developer Stinchcomb in long-running F’ville dispute

By LEE WILLIAMS
lwilliams@TheCitizenNews.com

A Fayette County jury last month ruled against long-time Fayette County developer Dan Stinchcomb in a long-running dispute with three homebuilders over the ownership of 45 lots in Stonebriar West off Lester Road near the center of the county.

That neighborhood, which lies within the Fayetteville city limits, abuts a portion of the 268-acre tract Stinchcomb tried unsuccessfully to get rezoned by the county last week.

The January trial jury ordered the real estate developer to turn the remaining lots in the still-unfinished subdivision over to the three plaintiffs, as well as pay $100,000 in attorney fees.

The civil suit was initially filed in Fayette County Superior Court in July 2004, on behalf of Ray M. Wright of Ray Wright Homes Inc., Ravin Homes Inc. and Chris Dixon and Associates.

The suit stemmed from the plaintiffs’ conflict with Stinchcomb and his corporation, Victor Holdings LLC.

Wright and his fellow plaintiffs signed a lot/land purchase and sale agreement with Stinchcomb on Feb. 23, 1998. Wright purchased 116 lots in the development once known as Magnolia Ridge.

“The parties agreed to close the sale of these 116 lots in two phases,” according to the complaint. “In the first phase, the plaintiffs were to purchase 60 lots for a price of $27,500 per lot. In the second phase, plaintiffs were to purchase the remaining 56 lots at a price of $28,000 per lot.”

The plaintiffs paid Stinchcomb $10,000 earnest money.

The plaintiffs purchased the first 71 lots including 60 lots at $27,500 and 11 lots at $28,000, but Stinchcomb did not refund the earnest money or apply it to their closing costs, according to the suit.

Later, Stinchcomb refused to turn over the remaining lots to the plaintiffs, the suit reads.

“Stinchcomb told Robert Dixon that the price for which he had agreed to sell the lots was too low,” the suit stated. “Stinchcomb offered Mr. Dixon $50,000 to back out of the contract. Stinchcomb eventually demanded that plaintiffs pay an added $3,000 per lot for each of the remaining 45 lots.”

Wright and his camp disagreed. Even after attorneys intervened, talks between the parties deteriorated.

Stinchcomb argued the land was not turned over since the agreement was not fully honored.

In the end, the jurors sided with the Wright party, ordering Stinchcomb to sell the remaining 45 lots to the plaintiffs at the original contractual price of $28,000 per lot.

“This transaction must close by March 1, 2005,” the verdict specified.

The jurors also ruled the plaintiffs’ earnest money must be credited toward the purchase of the remaining 45 lots, among other stipulations.

One resident who lives in StoneBriar West said she is happy, but a bit saddened the undeveloped land that borders her home will finally become developed.

“It’s unfortunate that it’s taken so long,” said the resident who spoke on the condition of anonymity. “In the meantime, the abuse of the community (that exists) is sad.”

She said many people have turned the overgrown wooded area into a dumping ground. She often spots trash, discarded appliances, furniture and yard waste, clothing, books, shotgun shells, and even pornographic materials while walking her dog along the thicket.

“I wonder who are we?” she said. “I would say we don’t have any conscience now. I guess they think someone will clean it up.”