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Eleven of my neighbors, my husband and I have a real problem. We all bought new homes built by homebuilder, D.R. Horton in North Las Vegas in 2005. When we chose our home sites, there was an empty 2.4 acre parcel of land behind us. We were all concerned about what was going to be built behind our homes, so we all asked the D.R. Horton's sales agents, James Archibald and/or Katie Pautler-Gray. Each of us was told by one or the other that a "park" was being built behind our homes.

Three months later, construction started on a 24-hour convenience store, gas station, car wash and retail stores. We were shocked! We all began to talk amongst ourselves and learned we had all been lied to by the sales agents, and all were told a park was being built. We wrote D.R. Horton a letter and his attorney met with us and said he would investigate. Well, of course, his investigation came back that the agents never said that; although eleven homeowners and their spouses, all say they did. We filed a complaint with the Nevada Real Estate Division and spoke with an attorney. We hired the attorney and have been working with him for over two years. We do understand about zoning changes, but the zoning had been changed to commercial MONTHS BEFORE we signed our zoning disclosures, (the disclosures clearly show the parcel was zoned residential). We have proof from the Zoning Commission that D.R. Horton's offices and his Land Acquisition Manager were sent notices on two different occasions, before the actual change and after.

It took almost two and a half years for the case to get a date with the NRED, but before the hearing, in which the two agents were charged with gross negligence, they made a deal to pay some fines and do continuing education classes. We are still going through the discovery process with our lawyers. Our lawyers think we have a pretty good case.

Our lives have been turned upside down because of this. We have to deal with people constantly climbing our walls for a shortcut to the store, the noise from the car wash, boom boxes, deliveries, garbage trucks and the flapping of the flag flown at the convenience store. We have to endure the smells from the restaurant, and lights shining in our bedroom windows all night. There has already been a fire at the restaurant just outside of our property line, a shooting of someone trying to escape over the walls and two of the homeowners have been assaulted by neighborhood kids when they were asked not to climb the walls or not skate board behind our homes.

We just feel that we should have had the opportunity to CHOOSE whether we wanted to live behind a convenience store or not. The sales agents should first, not have lied and second, said if you are concerned....check with the Zoning Commission. We trusted them. If we knew the parcel was zoned commercial, I guarantee, we would have all picked different locations.

We want D.R. Horton and/or his sales agents to be held accountable for their fraudulent, deceptive and unfair business practices.

Monetary Loss: $350.

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