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Focus of lawsuits torched

Frisco: Marshal says house fire deliberate; owners suing over mold

http://www.wfaa.com/sharedcontent/dws/news/localnews/stories/DN-

friscofire_11cco.ART.North.Edition1.3d86e60.html

12:00 AM CST on Thursday, January 11, 2007

By LAUREN D'AVOLIO / The Dallas Morning News

FRISCO – A vacant house in Frisco that burned last weekend in a fire

that has been ruled suspicious was the subject of several lawsuits

over toxic black mold, and its owners reportedly had plans to

demolish it.

The fire Saturday night at No. 3 Riva Ridge destroyed the home's

second story, where fire officials found that accelerant had been

poured around a playroom.

Assistant Fire Chief and Fire Marshal Don Fernandez said he knew the

fire was deliberately set " as soon as we went out there. " He

said, " There was no gas, no electricity, no power, no nothing. "

There are no suspects.

" I don't know why someone would have done this, " homeowner Nikki

Carmody said through tears. " I just don't want to discuss it. It's

been hard enough. This has been a nightmare for my family. "

The 6,800-square-foot house, despite its columned entry, stables and

circular driveway, was on the tax rolls for just $1,370. Its value

dropped from about $254,000 the year before the mold was found to

$3,495 the year after. Meanwhile, the two-acre lot near State

Highway 121 and Dallas Parkway has grown steadily in value, to

$450,000.

Ms. Carmody and her husband, Dell , say in court records that

they moved out of the house after discovering black mold there in

2001. The couple, who practice law together in Plano, sued the

company that installed an air-conditioning unit there the year

before the mold was found. They also sued an air-conditioning repair

firm, an insurance company and an insurance adjuster.

In court papers they said, " Tests have revealed that the home is

infested with several allergenic molds, pathogenic molds and toxic

molds. " They said they reported the problem to their insurer, which

authorized them to move out.

They said in the suits that the estimated cost to repair and rebuild

exceeded the limits of their homeowner's insurance policy. The

adjuster and the insurance company later were dropped from the suit.

As the court fight continued and the house sat empty, neighbors

complained. They and the Stonebriar Creek Estates homeowners

association logged at least five formal complaints with the city

against the property and its owners. Subjects of the grievances

ranged from a dilapidated fence around a stagnant pool to unkempt

vegetation to habitually open or absent doors.

" All efforts to get this property condemned and demolished have met

with resistance from the city, the owners and the insurance

companies so still it stands – an accident just waiting to happen, "

wrote Ivan " Nick " Camp IV on behalf of the homeowners association to

Mayor Mike Simpson and the City Council on Feb. 2, 2006. " We urge

you, the leaders of Frisco, to look into this and prevent what we

feel is a deadly, but preventable, catastrophe from occurring. "

Firefighters were called to the house in November 2005 to extinguish

a suspicious fire in a bedroom, officials said. Chief Fernandez said

he suspects a homeless person was living there and mishandled a

candle.

Last month, city records show, a code enforcement officer reported

speaking with the homeowner, who told him the house was set to be

demolished in January and a new one built in its place. The code-

enforcement officer reported that he reminded the homeowner to

secure a demolition permit. No such permit was applied for, the fire

marshal said.

" We haven't received a demolition permit or any plans for a new

house, " he said.

Chief Fernandez said whoever set the fire could face charges of

arson, reckless damage or criminal mischief. Arson is a second-

degree felony punishable by two to 20 years in prison.

The house's pillars are now warped and blackened by flames, some

leaning diagonally against the burnt-out remains. The home's white

brick is mostly ashen, with the roof caved and a soot-covered

staircase visible from outside.

Neighbor Fred Burkhalter said embers drifted onto his property

Saturday night but didn't burn anything.

Ken Couvillion, who lives across the street, said he saw the flames

shoot 50 feet high.

" By the time somebody saw it, it was very involved, " he said.

He added that the home had fallen into disrepair well before last

weekend.

" It looked dreadful before it burned, " he said. " Not a lot of pride

of ownership there. "

His wife, Pippa, said it " hurt a little " to see the home fall apart,

then go up in smoke.

Ms. Carmody, who still lives in Frisco with her family, said she was

unaware of the home's plunge in value and the land's increase. She

said Frisco fire officials hadn't told her anything about the fire's

cause.

" My kids, I don't want them to be traumatized by it, " she said. " I

just want to leave it to the fire marshals. "

Staff writer Tiara M. Ellis contributed to this report.

E-mail ldavolio@...

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Thanks for posting this kc.

>

> Focus of lawsuits torched

>

> Frisco: Marshal says house fire deliberate; owners suing over mold

>

> http://www.wfaa.com/sharedcontent/dws/news/localnews/stories/DN-

> friscofire_11cco.ART.North.Edition1.3d86e60.html

>

> 12:00 AM CST on Thursday, January 11, 2007

>

> By LAUREN D'AVOLIO / The Dallas Morning News

>

> FRISCO – A vacant house in Frisco that burned last weekend in a

fire

> that has been ruled suspicious was the subject of several lawsuits

> over toxic black mold, and its owners reportedly had plans to

> demolish it.

>

> The fire Saturday night at No. 3 Riva Ridge destroyed the home's

> second story, where fire officials found that accelerant had been

> poured around a playroom.

>

> Assistant Fire Chief and Fire Marshal Don Fernandez said he knew

the

> fire was deliberately set " as soon as we went out there. " He

> said, " There was no gas, no electricity, no power, no nothing. "

>

> There are no suspects.

>

> " I don't know why someone would have done this, " homeowner Nikki

> Carmody said through tears. " I just don't want to discuss it. It's

> been hard enough. This has been a nightmare for my family. "

>

> The 6,800-square-foot house, despite its columned entry, stables

and

> circular driveway, was on the tax rolls for just $1,370. Its value

> dropped from about $254,000 the year before the mold was found to

> $3,495 the year after. Meanwhile, the two-acre lot near State

> Highway 121 and Dallas Parkway has grown steadily in value, to

> $450,000.

>

> Ms. Carmody and her husband, Dell , say in court records that

> they moved out of the house after discovering black mold there in

> 2001. The couple, who practice law together in Plano, sued the

> company that installed an air-conditioning unit there the year

> before the mold was found. They also sued an air-conditioning

repair

> firm, an insurance company and an insurance adjuster.

>

> In court papers they said, " Tests have revealed that the home is

> infested with several allergenic molds, pathogenic molds and toxic

> molds. " They said they reported the problem to their insurer, which

> authorized them to move out.

>

> They said in the suits that the estimated cost to repair and

rebuild

> exceeded the limits of their homeowner's insurance policy. The

> adjuster and the insurance company later were dropped from the suit.

>

> As the court fight continued and the house sat empty, neighbors

> complained. They and the Stonebriar Creek Estates homeowners

> association logged at least five formal complaints with the city

> against the property and its owners. Subjects of the grievances

> ranged from a dilapidated fence around a stagnant pool to unkempt

> vegetation to habitually open or absent doors.

>

> " All efforts to get this property condemned and demolished have met

> with resistance from the city, the owners and the insurance

> companies so still it stands – an accident just waiting to happen, "

> wrote Ivan " Nick " Camp IV on behalf of the homeowners association

to

> Mayor Mike Simpson and the City Council on Feb. 2, 2006. " We urge

> you, the leaders of Frisco, to look into this and prevent what we

> feel is a deadly, but preventable, catastrophe from occurring. "

>

> Firefighters were called to the house in November 2005 to

extinguish

> a suspicious fire in a bedroom, officials said. Chief Fernandez

said

> he suspects a homeless person was living there and mishandled a

> candle.

>

> Last month, city records show, a code enforcement officer reported

> speaking with the homeowner, who told him the house was set to be

> demolished in January and a new one built in its place. The code-

> enforcement officer reported that he reminded the homeowner to

> secure a demolition permit. No such permit was applied for, the

fire

> marshal said.

>

> " We haven't received a demolition permit or any plans for a new

> house, " he said.

>

> Chief Fernandez said whoever set the fire could face charges of

> arson, reckless damage or criminal mischief. Arson is a second-

> degree felony punishable by two to 20 years in prison.

>

> The house's pillars are now warped and blackened by flames, some

> leaning diagonally against the burnt-out remains. The home's white

> brick is mostly ashen, with the roof caved and a soot-covered

> staircase visible from outside.

>

> Neighbor Fred Burkhalter said embers drifted onto his property

> Saturday night but didn't burn anything.

>

> Ken Couvillion, who lives across the street, said he saw the flames

> shoot 50 feet high.

>

> " By the time somebody saw it, it was very involved, " he said.

>

> He added that the home had fallen into disrepair well before last

> weekend.

>

> " It looked dreadful before it burned, " he said. " Not a lot of pride

> of ownership there. "

>

> His wife, Pippa, said it " hurt a little " to see the home fall

apart,

> then go up in smoke.

>

> Ms. Carmody, who still lives in Frisco with her family, said she

was

> unaware of the home's plunge in value and the land's increase. She

> said Frisco fire officials hadn't told her anything about the

fire's

> cause.

>

> " My kids, I don't want them to be traumatized by it, " she said. " I

> just want to leave it to the fire marshals. "

>

> Staff writer Tiara M. Ellis contributed to this report.

>

> E-mail ldavolio@...

>

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