By Carol Cole

Transcript Staff Writer

Protestors against the Windstone Farms development ultimately lost their fight last week when the Oklahoma Supreme Court denied hearing their petition on a unanimous vote with one abstention Nov. 21.

“We were glad to hear that and we are ready to start developing the land,” said Sassan Moghadam of Precision Builders, the Windstone Farms developer. “We have already filed seeking attorney’s fees and costs related to the appeals.”

Moghadam said it would be renamed Fountainview in the final plat, for a fountain and water features planned near the entrance. The proposed housing addition at 48th Avenue Northwest and Tecumseh Road is planned for 196 homes on 77 acres.

Construction started about a month ago.

“Knowing that we had won at the city council level, the district court and at the appellate court,” he said. “The denial at the appellate court was so resounding that we didn’t feel like they stood a chance, so we had started doing some demolition and cutting streets in the northern section that I am developing.”

Nearby homeowners Pam Jennings and Les Crabtree, who filed the petition, had said they were concerned with the development’s impact on drainage and the flood plain and had 2,400 signatures protesting the rezoning.

The Supreme Court denied the appeal without comment, said Harold Heiple, attorney for the developer.

Appeals Court Judge Carol M. Hansen wrote in her opinion that the Court of Civil Appeals holds that “the trial court was correct in finding the petitions fatally insufficient for failure to include exact copies of the text of the ordinances which were the subjects of the petitions.”

Seminole County District Judge George Butner dismissed the petitions July 28, 2005, based on an insufficient number of valid signatures and lack of the text of the relevant ordinance on the petition.

The Norman City Council voted to rezone the property Sept. 24, 2004, from agricultural use to single family dwelling in two cases concerning the property, and from residential estate dwelling and agricultural use to single family dwelling in the other.

Carol Cole

366-3538

ccole@normantranscript.com

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