Blevins said the internet service is offered by a company different than JHH, and she declined to rule on Friday on that issue. Pemerton said the request to stop the Longs' remarks was made because those have been "very disparaging" and that the comments are in dispute.Ĭhancellor Melissa T. "We provided written notice and the service was terminated," he said, adding that there is other internet service companies available to the Longs. Additionally, Pemerton said, the internet company is permitted to cut off services. In addition, he said, Jasper Highlands' covenants say that if money is owed to the developer, there's a right to withhold access to common areas. Pemerton also said that a separate company, not JHH, owns the internet company and it's "a totally different entity." However, JHH attorney Bill Pemerton said that after the company finished construction, the Longs withheld "the last draw," referring to the $27,700. Smith said the company's effort to stop derogatory remarks is "afoul of First Amendment rights. Long said she didn't say anthing that wasn't the truth. "To threaten them with arrest is nothing more than bullying tactics," he said. He said a Thornton company operates the internet service.Īlso, Smith said Thornton warned that if the Longs came on the development's common property, "they'll be arrested." James Long said that JHH provided materials, such as kitchen countertops, which didn't meet the quality to which was agreed.Īlso, JHH hasn't made requested repairs under a one-year warranty, the counterclaim said.Īt Friday's court hearing, the Long's attorney, Jared Smith, said his clients' internet and phone service were severed, though phone was later restored. "JHH has performed all of its obligations under the contract with the exception of certain inconsequential punch list items," the suit said, adding the Longs refused to pay the remaining amount of $27,727.īut the Longs denied the allegations and countersued, saying that JHH failed to and refuses to complete the home's construction. In January, Thornton company JHH LLC brought the suit against the Longs, saying there was a contract price of $685,000 for construction of their house, though the price was later increased by change orders and overages on allowances. On Friday, they offered an email from Bradshaw in which he talked about not providing internet service.īradshaw said in the email that "if we feel someone owes us funds or has wronged us that we aren't motivated to provide internet as Dish is another option."Ĭheryl Schlenkert said there are others who live in the development who are unhappy about the builder's fee but afraid to speak out. Still, another couple building a home in the development, Robert and Cheryl Schlenkert, said they're involved in a disagreement with Thornton's company over a builder's fee. "It's not an insignificant amount," he said Friday after a court hearing related to the suit.ĭane Bradshaw, president of Thunder Enterprises, added that Jasper Highlands has dealt with about 1,300 people since the start of the development and had few disputes. His company, JHH LLC, sued the Longs in Marion County Chancery Court in January. The lawsuit involving JHH and James and Shirley Long is slated to be heard in Marion County in June 2019.īut Thornton said the couple owes his company $27,700 after building their house and have refused to pay.
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