Aid considered for slide victims

MOUNTAIN GREEN — As residents of a neighborhood built atop an active landslide weigh their options — including talk of legal action — Morgan County officials say they are taking a close look at just what they can do to help.

The County Council on Wednesday held its work-session meeting at the intersection of Creekside Drive and River View Circle, right on the southern boundary of a slow-moving landslide that has been plaguing the upscale Highlands West subdivision for more than a year.

The council saw bulges and cracks in the road's asphalt, bowing sidewalks, cracked walls and foundations on homes and clear signs that the earth has been moving. The landslide has already forced one woman from her home, and residents worry any of their homes could be next.

"We're not looking to lay blame," resident Brian Pugh told the council. "We're looking for help, and we're looking to the county for that."

And while several residents agreed that they want solutions, not finger-pointing, many also talked about conversations they have had with their attorneys. At least one resident, Brad Hall, has already filed a lawsuit against his homebuilder. Nancy Hayes, who had to move when her home was deemed unsafe to inhabit in April, is considering legal action against the company that carried out a geotechnical study on her lot before her home was built.

County Attorney Jann Farris said the county is not to blame.

"It's unfortunate that a homeowner is being faced with this," he said. "I don't see any county liability, but you have a council that is very concerned about" what can be done to solve the problem.

The area on which the 3-year-old neighborhood lies has been known to be an active landslide for decades. Several studies over the years have looked at whether the land could be developed. It has long been designated as a landslide area on county maps, so the county's subdivision ordinance required geotechnical studies to be carried out before the homes were built.

The developer, Bart Smith, is now a member of the council. He has recused himself from council discussions regarding Highlands West to avoid a conflict of interest and was not at Wednesday's meeting.

Farris said the county walks a fine line between regulating where homes can and cannot be built and treading on property owners' rights.

"When you start restricting people's use of their land, it can become a taking," a legal action that requires the county to pay the landowner, Farris said.