10:32 AM EST on Friday, March 3, 2006

By JEFF SONIER / 6NEWS
E-mail Jeff: JSonier@WCNC.com

6NEWS

Ryland Homes denies there was mold conditions in the Gonzalez' house or any of the adjacent homes. They said they moved the family as a courtesy.

A judge and jury may decide if mold in one popular Charlotte area neighborhood made residents sick.

6NEWS first reported on the problem in Hunter Oaks a few weeks ago. Now the homebuilder, who said the house was safe to live in and not unhealthy, and the homeowners, who said they got sick when they moved in and got better when the moved out, are getting ready to square off in court.

Former homeowners Alex and Ray Gonzalez claim in their lawsuit the soil had harmful substances, the creek was in close proximity and the house itself failed to prevent water and mold.

That lawsuit has been filed against the builder of their house, Ryland Homes.

"They said everything was OK," said Alex Gonzalez.

The Gonzalez family claims Ryland discovered a high level of mold contamination in their Hunter Oaks home. They said it made their family sick with rashes and a host of other illnesses. The lawsuit said Ryland's response to their deteriorating health conditions disregarded their safety.

"Every step of the way, I think, they did the most minimal thing they could do, just to keep us off their backs," said Ray Gonzalez.

Ryland's own court records deny there was any mold in the home's living space and that any family members suffered adverse health effects as a result of mold. Ryland claims it moved the Gonzalez family out of their home and into temporary housing as a courtesy and a business decision.

We spoke to David Nelson, Ryland Homes' president, by phone.

Nelson: "When they initially asked they wanted to move out of the homes temporarily until the issue was resolved, we immediately said fine…"

Sonier: "Immediately?"

Nelson: "Yes sir. When they first asked to move out. Absolutely…"

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Ryland and the Gonzales family also differ over bags of family belongings left behind. Ryland calls them perfectly safe to use. The family calls them contaminated by the mold.

Ryland Homes also denies claims there were mold conditions in any of the homes adjacent to the Gonzalez house, even though home movies and a private home inspector showed 6NEWS there was mold and moisture in other homes.

We asked home inspector Paul King how unusual it is to find mold growing in so many places under a home.

"With a house with that much water under it, it's not unusual at all," he replied.

Both sides do agree on one thing. In their court records, the former homeowner and the homebuilder both said they want a jury trial.