LOS LUNAS, N.M. (KRQE) – Residents in the Jubilee retirement community in Los Lunas are suing a developer building a subdivision next door. Some say their homes have been getting filled with dirt for more than two years and they are tired of it.

“It’s everywhere and it’s really fine. It’s like powder. it’s like flour coming through, said one resident. Residents say, when the winds pick up they blow dust from the housing development under construction next door. “The more they dig it up and bring in the dozers, and they start moving dirt, and the wind blows the more we get it and it’s ruined, it’s ruined everything here.”

Some Jubilee homeowners say the problem is coming from the Sierra Vista housing development next door. They say it has gotten so bad that the dirt has seeped into their homes accumulating along window sills, counter tops, and HVAC systems. Some even say they wake up coughing and tasting the dirt.

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An attorney representing eight residents at the retirement community says there are enough people affected by the development that their case could warrant a class action lawsuit but first they want the problems to stop. “Injunctive relief would seek the intervention of the court and would seek court order requiring these defendants to effectively stabilize this land and prevent wind and dust erosion,” said Attorney, Levi Monagle. 

Residents say they also want the developer to clean all of the sand that has accumulated in and around their homes. Their attorney says on top of getting the developer to stabilize his construction site, they are also seeking damages for what the neighbors have had to deal with. KRQE News 13 reached out to Sierra Vista Developer, Michael Mechenbier for comment on the allegations, but did not hear back.