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Delaware AG announces $139,900 agreement with developer

By Bryan Cohen | Nov 6, 2013

WILMINGTON, Del. (Legal Newsline) - Delaware Attorney General Beau Biden announced a settlement Tuesday with a Delaware developer that allegedly failed to complete certain amenities in a timely fashion at the Odessa National residential community.

Odessa National Golf Course LLC, Odessa National Development Company LLC, and Joseph Capano, the companies' owner, allegedly failed to complete the construction of a clubhouse, swimming pool and tennis court for the community in a timely manner. Multiple Odessa National homeowners filed complaints that they were charged $1,200 in annual fees on a quarterly basis for social membership in the community's golf course even though the related amenities that were advertised at the time of sale were not completed.

In August 2009, Biden's office reached an agreement with Capano and his companies to complete all advertised amenities related to the golf course by December 31, 2010, a deadline that was later extended to March 31, 2011, because of harsh winter weather conditions. When the amenities were allegedly unfinished by May 2011, Biden's office filed a lawsuit against Capano and his two companies.

The $139,900 settlement resolves that lawsuit.

"This resolution holds the parties accountable to their obligation," Biden said. "We will use the funds we receive to reimburse Odessa National homeowners who were affected."

Biden's office will use the $139,900 to provide restitution to more than 400 Odessa National homeowners who owned homes at the time the lawsuit was filed.

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