Pike Road Homeowners Sue Developer

Homeowners are fighting a new battle in the town of Pike Road.

The dispute pits people who want to continue living a country lifestyle with a developer who wants to put a lot of new homes inside a very small area.

It sounds like it would contradict Pike Road's promise to protect independent landowners, but now the dispute is tangled in a pending lawsuit.

The "Private Road" and "Children Playing" signs around Kacy Davis' house tell the story.

She lives on a dirt road, her house surrounded by six acres of woods and just a few people nearby.

She wants the same kind of childhood for her kids her husband grew up with.

"He moved back here when he was thirteen - he's 36 now," she says with a smile. "Its our family home."

Davis says developer Phil Owens is threatening that dream.

Two years ago, Davis, her husband and several homeowners actually supported his plan to build eighteen homes on a nearby plot of thirteen and a half acres.

They even appeared at Montgomery City Council to support the zoning.

"He came to us, he gave us his word," said Davis.  "The developer gave us his word."

But then Owens changed his mind and went to Pike Road for zoning. The town council approved placing thirty-one houses on the plot, nearly double what Davis and others supported.

"Tthe homes that surround it are estate lots. The minimum lot size is about three acres," she said.  "It just doesn't make sense to be sandwiched a little bitty neighborhood like that to be sandwiched in."

We tried to speak with developer Phil Owens to get his side of the story. He declined, saying it was best to stay silent.

So in response, Davis and four others have filed suit to stop Owens from building so many houses, saying he never legally vacated the Montgomery zoning.

Davis says they wanted to work out a compromise.

"But it's hard to trust him," she said.

Davis is even more upset with Pike Road Town leaders, who she says promised to preserve the town's country lifestyle.

Ben Farrow is the lawyer for the homeowners.

He says there's a lot of pressure to increase the population in pike road so the town can start a school system.  But he says this isn't the way to do it.

Judge William Shashy refused to issue a restraining order from immediately stopping Owens' development, but he did order a new hearing next Tuesday.