Updated: Dec. 16, 2025

Mattamy Homes and Gran Paradiso POA reach comprehensive settlement, concluding litigation at Wellen Park

Mattamy Homes, the parent company of the master developer of Wellen Park, announced it has reached a comprehensive settlement agreement with the Gran Paradiso Property Owners Association Inc., resolving all outstanding litigation between the parties and bringing a positive conclusion to several years of legal disputes.

On Sept. 4, 2025, the GPPOA voluntarily and permanently dismissed, with prejudice, its lawsuit against Mattamy Homes and four of its employees. Following that dismissal, both parties worked constructively toward a comprehensive settlement addressing multiple pending lawsuits and related issues dating back to 2022.

Mattamy Homes had been open to reaching a fair resolution for several years, maintaining that collaboration was in the best interests of all homeowners. The election of a new GPPOA Board of Directors brought renewed perspective and constructive leadership to the table, allowing meaningful conversations to take place and paving the way for a productive resolution.

The final settlement agreement resolves:

• A 2024 lawsuit initiated by the GPPOA against Mattamy Homes, related entities and 4 of its employees; and
• A 2025 lawsuit filed by certain Mattamy-affiliated parties against the GPPOA for Abuse of Process and other related claims.

Under the terms of the settlement, the GPPOA acknowledged that several key agreements previously challenged in litigation were properly executed and in full compliance with Florida law. The GPPOA also confirmed that it does not have the right to use irrigation water wells within the community or withdraw water from stormwater ponds, as previously disputed.

The GPPOA also verified the validity of a 2016 easement that had been central to the 2024 lawsuit. Additionally, the GPPOA admitted its allocations of irrigation water under the applicable permit were removed through a justified and warranted modification of such permit, following repeated and intentional wrongful actions by the GPPOA in violation of the permit’s terms, including overuse of irrigation water, exceeding irrigation water allocations and failing to adopt an appropriate water conservation plan.

Mattamy Homes and its affiliated entities made those adjustments not as a punitive measure, but to ensure compliance with regulatory standards and fair management of community resources. In effect, the GPPOA obtained what it had pursued in a separate case against West Villages Improvement District, which was termination of irrigation access. However, as part of the settlement GPPOA also clarified that the irrigation rates and practices in place were fair within the competitive market and consistent with Southwest Florida Water Management District permit requirements.

Through the settlement agreement, the GPPOA also withdrew all prior allegations made in the course of litigation against Mattamy Homes, its employees and related entities, including statements made against employees John Luczynski, Christine Masney and two other employees. The GPPOA also retracted any prior assertions that key agreements or related fees were illegal or improper. The settlement agreement also includes payment from the GPPOA to the Mattamy Parties.

Through the settlement agreement, the parties resolved the outstanding issues created by the GPPOA’s baseless litigation.

“This resolution represents the best possible outcome for all involved and allows us to focus on the continued growth and success of Wellen Park,” said Rick Severance, president of Wellen Park, LLLP. “We appreciate that the new GPPOA Board of Directors chose to acknowledge the facts and put an end to litigation that was not in the best interest of its homeowners. We look forward to working with the West Villages Improvement District in reinstating irrigation water access to all GPPOA homeowners, most of whom had nothing to do with pursuing this litigation.”

Mattamy Homes and its entities were represented by Shutts & Bowen, LLP, which managed these complex business litigation matters and secured a highly favorable resolution on their behalf. The litigation efforts were led by Shutts & Bowen, LLP’s Senior Litigation Partner Bud Bennington, Esq. together with Partner Glennys Ortega Rubin, Esq.