A hearing has been set for Sept. 5 in Madison County Circuit Court in a lawsuit filed by a Huntsville couple against a developer for mountain top tree cutting violations.
The defendants involved in the case, Diltina Development Corporation and Green Mountain Realty, will be asking a judge at the hearing to dismissal the case brought by the couple, Beire and Shayna Castro. The Castros are not able to build a home in the Estates at Wade Point subdivision on Green Mountain because the city put building permits on hold after Diltina Development had been found in violation of Huntsville’s slope district regulations.
In seeking dismissal of the Castros’ suit, Diltina and Green Mountain Realty maintain that the couple was aware of potential delays with the variance process in the contract to buy the property. “This express language, along with Alabama’s strong caveat emptor policy—“buyer beware”—bars the Castros’ claims here,“ Diltina claims…