Pima County will ask the state Attorney General's Office to pursue criminal and civil investigations into the developer of a fly-in housing development west of Sahuarita.
The Board of Supervisors voted unanimously to ask for an investigation after hearing from a group of property owners and residents who say they were deceived by Denny Nolen, the developer of Ruby Star Airpark, near the base of the Sierrita Mountains.
Nolen developed the property through illegal lot splits using friends and relatives as proxies. He was fined $150,000 by the Department of Real Estate in 2007 and ordered to bring the property into compliance with local regulations.
Pima County currently has a civil suit against Nolen for not complying with zoning regulations. Nolen said the county set up impossible standards, and he's being persecuted because of personal vendettas.
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The residents who complained to the board said Nolen has stacked the Ruby Star Airpark's Homeowners Association Board, making requirements that he deed common property back to the association meaningless, used the entire airpark as his personal property and failed to provide minimal infrastructure like all-weather roads and potable water.
"Contrary to popular opinion, Ruby Star Airpark is not a kingdom," said Barry DiSimone, a property owner, referring to a comment Nolen allegedly made to the HOA board. "One man is not our king and we are not his serfs. Many of us have invested our life savings in this airpark, and we watch helplessly as our values get flushed down the toilet."
DiSimone and others urged the county to look at whether anti-racketeering statutes could be used against Nolen to seize property and use the proceeds to pay for needed improvements.
Glen Lyon, another property owner, said Nolen has said he will use all his money to fight the county and declare bankruptcy if he loses. Lawrence Joyce, another property owner who is an attorney, said pursuing criminal charges means Nolen could not use bankruptcy to protect his assets.
Supervisor Sharon Bronson, who represents the area and has been a critic of Nolen since he put in the airstrip without permits in late 1990s, asked the County Attorney's Office to look at using anti-racketeering statues locally, in addition to pressing for a state investigation.
Nolen has denied stacking the HOA board and said the complaining property owners represent a vocal minority. He did not attend the Board of Supervisors meeting.
In other business, residents who live in unincorporated areas near Sahuarita presented a petition to the Board of Supervisors asking the county to do more to prevent flooding and maintain roads in their area.
