Know the Facts

This website is updated regularly to address resident questions.
Updated: July 25, 2025

OVER $1,662,181.14.  The approximate amount of outstanding fees for irrigation water use owed to West Villages Improvement District (“WVID”) from Gran Paradiso is $662,181.14 and the current amount of attorneys’ fees incurred by WVID in defending the lawsuit filed by Gran Paradiso is currently approximately $1,000,000.

Gran Paradiso’s Irrigation Water Violation History

• Gran Paradiso consistently exceeded their irrigation water allocation and failed to adopt a conservation plan for more than four years.
• In December 2020, Lennar Homes requested an irrigation audit of the Gran Paradiso community.  The irrigation audit revealed that, “Gran Paradiso has been informed that the community irrigation system has repeatedly exceeded the irrigation water allotment.”
• In May 2021, Gran Paradiso and the Gran Paradiso Board recognized, through a community Lifestyle Bulletin, that the Gran Paradiso community was exceeding its water allocations.  The Gran Paradiso Board also admitted and acknowledged consistent overwatering, excessive irrigation, and abuse of watering regulations.
• In May 2022, due to an inquiry from John Meisel, WVID discovered the current AGMOD allocations for Gran Paradiso pursuant to WVID’s 2020 Agreement were incorrectly and inadvertently overstated and were not in compliance with the AGMOD (defined on pg.4) allocation for Gran Paradiso in the WUP (defined on pg.4).  Therefore, WVID asked the Gran Paradiso Board to amend the AGMOD allocations from the overstated 593,200 GPD to a corrected 547,200 GPD to comply with the WUP.
• On July 13, 2022, WVID held a public meeting with residents, including Gran Paradiso residents, to provide an overview of the irrigation program in place under the WUP, reiterate the importance of complying with AGMOD and water conservation requirements and the ramifications if the WUP is not complied with.
• Gran Paradiso and its Board should have full knowledge of all irrigation agreements, irrigation costs, AGMOD requirements and water conservation requirements as its residents and Board members have served in leadership roles on both the WVID Board and the Gran Paradiso Board for the past 7 years: (1) Victor Dobrin served as a WVID Board of Supervisor from November 2018 until November 2022 and a Gran Paradiso Board Member from 2021 to 2024, and (2) John Meisel served as a Gran Paradiso Board member March 2022 to March 2023 (when he resigned after the Florida Commission on Ethics issued an ethics opinion pertaining to him) and has served as a WVID Board of Supervisor since December 2022.
• Despite all the education and exposure to WUP compliance requirements, the Gran Paradiso Board failed to adopt a water conservation plan required under the WUP. On July 20, 2022, WVID notified the Gran Paradiso Board of the failure to comply.
• As of the end of July 2022, Gran Paradiso’s 12-month running average of water consumption was 646,918 gallons per day, which exceeded both the incorrect AGMOD allocation of 593,200 gallons per day and the proposed correct and permitted AGMOD allocation of 547,200 gallons per day.
• In September 2022, even though the Gran Paradiso Board had been advised they were exceeding their AGMOD, knew they did not adopt a water conservation plan and were advised of the ramifications of the violations on their own residents and all of Wellen Park, the Gran Paradiso Board failed to cooperate with WVID by (a) amending the AGMOD allocation to the correct amount under the WUP, (b) reducing its irrigation water consumption, and/or (c) adopting a water conservation plan as required under the WUP.  Instead, the Gran Paradiso Board refused to pay WVID for its water consumption for the third quarter of 2022.
• The Gran Paradiso Board’s refusal to pay its third quarter water fees was the first time it had refused to pay since Gran Paradiso’s full execution of the 2020 Agreement and acceptance of the rates.  It was also the first time that any homeowners or property owners’ association had disputed the WVID-wide irrigation rates that had been established for years. WVID includes approximately twenty (28) different properties, inclusive of residential neighborhood associations, commercial centers, educational facilities, a hospital, and a baseball stadium.  No other association or entity has challenged the WVID-wide irrigation rates.
• On November 15, 2022, in written communication to Gran Paradiso residents, the Gran Paradiso Board stated that, as a result of not paying the water fees, “there was a strong likelihood that WVID would shut off our water.” On November 16, 2022, the President of the Gran Paradiso Board wrote to other Gran Paradiso Board members that WVID had repeatedly asked for an updated water conservation plan. The President then wrote, “it is intended for the [Gran Paradiso Board] to do nothing further until it benefits [Gran Paradiso].”  Several other Gran Paradiso Board members agreed with the President’s intention for Gran Paradiso to “do nothing.”  On November 23, 2022, WVID notified the Gran Paradiso Board of its intent to suspend irrigation water services to Gran Paradiso due to non-payment of its water fees.
• For 27 months leading up to April 2025, Gran Paradiso exceeded its 12-month rolling average irrigation allocation in 19 of 27 months.

Water Rights and Permit History

• Property owners do not own the groundwater beneath their land.  Groundwater rights and use are regulated under Florida law and administered by 5 water management districts each with their own geographical areas.  If an individual or entity desires to withdraw large amounts of groundwater, a permit from the applicable water management district is required.
• WVID is located within the jurisdiction of the Southwest Florida Water Management District (“SWFWMD”).  SWFWMD is responsible for managing and protecting water resources, including water supply, flood protection, water quality, and natural water systems and is the sole entity that can issue water use permits applicable to land within its geographical boundaries. State law has preempted the issuance of water use permits and local governments are prohibited from issuing them or regulating the consumptive use of water.  Generally, SWFWMD is the entity that can issue water use permits within its boundaries.
• The water use rights within the property encompassing Wellen Park date back many years before Gran Paradiso even existed.
  • In 1991, SWFWMD issued a Water Use Permit (“WUP”) to Taylor Ranch, Inc. (an entity not related or affiliated with any Mattamy entities), the owner and original developer of the land that would ultimately be known as Wellen Park (including Gran Paradiso).  The WUP granted Taylor Ranch permission to use the surface water and groundwater associated with the land owned by Taylor Ranch, Inc. for agricultural use.
  • In 2003, Fourth Quarter Properties XXII, LLC (“Fourth Quarter”) (an entity not related or affiliated with any Mattamy entities), acquired the entire development project and land that would ultimately be known as Wellen Park (including Gran Paradiso).  As a result, the WUP was assigned to Fourth Quarter and updated with Fourth Quarter as the permittee.
  • Between 2004 and 2005 6 wells were drilled on land eventually be developed as Gran Paradiso.  Only 1 well located in Gran Paradiso is currently used and operational due to the lack of need and the high cost associated with activating and maintaining the wells in that location.
  • In June 2014, in connection with the purchase of all the undeveloped land and entitlements for what would ultimately be known as Wellen Park, all contracts, all property rights and all rights to restrictive covenants owned or held by Fourth Quarter, were assigned by Fourth Quarter to a subsidiary of Mattamy’s parent company and in 2016 SWFWMD approved the transfer of the WUP from Fourth Quarter to a subsidiary of Mattamy.
  • Mattamy was not the developer of Gran Paradiso and Mattamy did not build any homes in Gran Paradiso.  In 2013, Lennar Homes became the owner and developer of Gran Paradiso when it purchased the land comprising Gran Paradiso from third parties not affiliated with Mattamy.
  • Under SWFWMD’s permitting rules, ownership of the groundwater wells, or the land encompassing the water wells, is not necessary to become a permittee.  Rather, control over the water wells is sufficient.  Pursuant to the WUP Assignment, restrictive covenants prohibiting all third parties from drilling and operating wells and an easement, amongst other things, Mattamy Entities have exclusive control over the water wells within Gran Paradiso (noting again that only 1 well is in use).
  • Due to the WUP and restrictive covenants, the permittees hold the sole and exclusive right to surface water and groundwater within all land in Wellen Park.  The WUP dictates the maximum number of gallons of groundwater per day the permittees are allowed to pull.
    • The annual average quantity of groundwater permitted to be pulled under the WUP is 2,489,800 gallons per day and surface water quantities are also limited based on both quantity and elevations within the ponds.
    • Each property/community provided irrigation water is required by the WUP to have a maximum amount of gallons per day of irrigation water irrespective of the source (not just groundwater) based upon SWFWMD’s irrigation calculation program to determine quantities for irrigation needs, known as AGMOD, which has been in use since the late 1980s (“AGMOD”).
    • The AGMOD calculation is run by a computer program based on the number of irrigable acres located within a specific project boundary, as well as property use type, irrigation type, and soil type.

Irrigation Water & Contracts Related to Gran Paradiso

• In 2009, WVID entered into an agreement with the Englewood Water District (“EWD”) to provide reclaimed water for irrigation to Gran Paradiso. Reclaimed water is treated wastewater safe for non-household uses such as irrigation and is less costly than other sources of irrigation water.
  • After the agreement between WVID and EWD was signed, WVID entered into an irrigation water agreement with Gran Paradiso based on the anticipated receipt of reclaimed water from EWD (“2009 Gran Paradiso/WVID Agreement”).  The agreement established certain rates and fees and provided such rates were subject to change, from time to time.  Therefore, as far back as 2009, Gran Paradiso and the Gran Paradiso Board was aware that water rates could change. The agreement also provided that its term was concurrent with the  EWD agreement.  Therefore, Gran Paradiso and the Gran Paradiso Board were aware of the EWD Agreement and was aware that the agreement with WVID would terminate if the EWD agreement terminated.
  • EWD did not have adequate quantities of reclaimed irrigation water to service Gran Paradiso’s needs, it provided inconsistent irrigation water, and as a result, WVID was forced to find irrigation water for Gran Paradiso from other sources.
  • Due to the issues with EWD, in 2016, WVID worked with Thomas Ranch Intangibles and Ranch Land Operations (also a Mattamy entity) (“Mattamy Entities”) to step in and provide some of their groundwater quantities under the WUP for Gran Paradiso. The Mattamy Entities modified the WUP to be authorized to provide groundwater quantities on a standby basis to WVID, which would be used by WVID to serve Gran Paradiso.
  • Because it did not have sufficient quantities to provide reclaimed water, EWD sent WVID a 5 year notice of termination of its agreement with WVID on March 27, 2019 and on April 3, 2024, sent a final termination of the agreement.  The Gran Paradiso Board was fully aware of the termination notices.
• In 2018, the Mattamy Entities and WVID entered into a master irrigation water supply agreement (“Mattamy/WVID Irrigation Supply Agreement”).  Pursuant to the Mattamy/WVID Irrigation Supply Agreement, the Mattamy Entities gave up their rights to provide all the water permitted under the WUP to third parties, agreed to allow all the water quantities permitted under the WUP to be used exclusively by WVID to irrigate Wellen Park and agreed to include WVID as a permittee under the WUP (solely due to the fact that WVID is the party receiving the water from the Mattamy entities pursuant to the WUP).  Without Mattamy/WVID Irrigation Supply Agreement WVID would have no right to be a permittee under the WUP and would have insufficient sources of irrigation water to service the property owners within WVID, including Gran Paradiso.
• On January 17, 2019, the Gran Paradiso Board and WVID executed a First Amendment to the 2009 Gran Paradiso/WVID Agreement.  In the 2019 First Amendment, Gran Paradiso expressly acknowledged and accepted new increased water rates and fees, and again acknowledged and accepted that such rates were subject to change.
• With knowledge of the Mattamy/WVID Irrigation Supply Agreement, the 2019 First Amendment, and the noticed termination of the EWD Agreement and the 2009 GP/WVID Irrigation Agreement, on December 16, 2020, Gran Paradiso executed an amended and restated agreement for irrigation water with WVID (“2020 Agreement”).
• Pursuant to the language in the 2020 Agreement Gran Paradiso and the Gran Paradiso Board accepted and agreed to the following:  (a) the 2009 and 2019 versions of agreements were terminated and of no further force and effect; (b) WVID maintained the rights and authority over water rates; (c) application of the current water rates which were based on an irrigation analysis from August 2018; (d) that water rates may be increased.

Gran Paradiso’s Multiple Lawsuits

      Lawsuit #1:

• Instead of cooperating with WVID regarding the AGMOD issues, water conservation plan and executing the amendment to bring the 2020 Agreement into compliance with the WUP, the Gran Paradiso Board challenged WVID’s irrigation rates, stopped paying irrigation fees and filed suit against WVID and the developer of Gran Paradiso, Lennar Homes, on November 19, 2022.
• At the time of filing the lawsuit, the Gran Paradiso Board had knowledge that it had executed the 2020 Restated Agreement, where Gran Paradiso had accepted and agreed to the following:  (a) the 2009 GP/WVID Irrigation Agreement and 2019 First Amendment were rescinded and of no further force and effect; (b) WVID maintained the rights and authority over water rates; (c) application of the current water rates which were based on an irrigation analysis from August 2018; (d) that water rates may be increased; and (e) the Mattamy/WVID Irrigation Supply Agreement that was in place.  The Gran Paradiso Board also knew or should have known EWD noticed termination of the 2009 EWD Agreement and that EWD was not providing sufficient quantities of irrigation water, so it would be impossible for the parties to operate under the 2009 GP/WVID Agreement.
• Gran Paradiso’s lawsuit, in part, sought to:  (i) terminate the then current irrigation agreement between Gran Paradiso and WVID and the agreement between Mattamy/WVID Irrigation Supply Agreement due to WVID’s violation of the Sunshine Law (Gran Paradiso alleged WVID sent the notice of the meeting in which the agreements were approved 5 days prior to the meeting instead of 7 days prior to the meeting, which WVID has since cured) and (ii) require the 2009 Gran Paradiso/WVID Agreement be reinstated (even though the agreement was completely based on the 2009 EWD Agreement which EWD had provided notice of termination and EWD’s water provided was nowhere near enough to serve Gran Paradiso).
• On April 10, 2024, Gran Paradiso and its Board attempted to amend the lawsuit to add 4 of the 5 individual members of the WVID Board of Supervisors that are employed by Mattamy to the lawsuit personally.  The Court denied Gran Paradiso’s attempt to include those individuals.  On May 21, 2024, approximately 18 months after its original Complaint, Gran Paradiso amended the lawsuit to add the Mattamy Entities to the lawsuit. However, on March 4, 2025, Gran Paradiso and its Board voluntarily dismissed the Mattamy Entities from the lawsuit with prejudice.  Therefore, the Mattamy Entities are not even parties to Gran Paradiso’s lawsuit pertaining to the irrigation agreements and Gran Paradiso admitted as part of the litigation that the Mattamy Entities have no obligation to provide Gran Paradiso with irrigation water.
• In connection with Lawsuit #1, Gran Paradiso’s attorney stated that WVID Board of Supervisor Member, John Meisel, was acting as a consultant for him.  WVID filed a Motion against Gran Paradiso alleging ethical issues associated with a Board member of the defendant (WVID) being a consultant for the plaintiff (Gran Paradiso) and a hearing was held on June 17, 2025.
• In an attempt to be a good steward for all residents within WVID’s boundaries, WVID is pursuing a counterclaim against Gran Paradiso for breach of contract and a motion for sanctions in an attempt to recoup past due irrigation fees and attorneys’ fees.

Lawsuit #2

• Gran Paradiso continued on with more litigation and on September 16, 2024, it filed a lawsuit against the Mattamy Entities and several Mattamy employees personally for fraud and other claims. The lawsuit contains no claims or requested relief specific to the provision of irrigation water or any irrigation agreements pertaining to Gran Paradiso. On April 7, 2025, the Court dismissed the lawsuit. Although the lawsuit was dismissed, the Mattamy employees have a motion for sanctions pending against Gran Paradiso for frivolous litigation. If the Mattamy employees prevail in their motion for sanctions, it is likely Gran Paradiso will be liable for the Mattamy employees’ attorney’s fees.

Lawsuit #3

• Even though Lawsuit #2 was dismissed by the Court, on April 23, 2025, the Gran Paradiso Board filed another lawsuit against the Mattamy Entities and its employees with almost identical claims to Lawsuit #2 with the addition of new counts. Again, Lawsuit #3 contains no requested relief specific to the provision of irrigation water or any irrigation agreements pertaining to Gran Paradiso. The Mattamy Entities and its employees filed a Motion to Dismiss the lawsuit on May 5, 2025, a hearing was held on June 17, 2025. The parties are awaiting a ruling from the judge.
• On May 15, 2025, a homeowner within Gran Paradiso filed a motion to intervene in Lawsuit #3 alleging the Gran Paradiso Board did not obtain approval of a majority of its members to file the lawsuit in violation of Florida law.  The Court granted the motion to intervene on June 17, 2025.

Lawsuit #4

• On May 14, 2025, the Mattamy Entities and the 4 Mattamy employees that have been sued personally filed a lawsuit against Gran Paradiso for negligence and abuse of process (frivolous litigation). If Mattamy and the 4 Mattamy employees prevail in the litigation, it is likely Gran Paradiso will be liable for their attorney’s fees.

Permit Modification Reallocating Gran Paradiso’s Irrigation Water Quantities

• During the lawsuits, despite notifications to restrict water use, the Gran Paradiso residents continued to overwater and put access to irrigation water for the entire Wellen Park community at risk.
• Due to Gran Paradiso’s excessive use of irrigation water and  the Gran Paradiso Board’s failure to adopt a water conservation plan, the Mattamy Entities and WVID could no longer place the WUP and the entire community’s water access at risk.  The Mattamy Entities and WVID sought a modification of the WUP in order to protect irrigation water availability for all communities within WVID receiving irrigation from WVID, and to protect relations and obligations with SWFWMD.
• At the December 12, 2024 WVID public meeting the WVID Board of Supervisors approved modifying the WUP to reallocate the irrigation water quantities from the Gran Paradiso community to other properties.  Specifically, irrigation water quantities for Gran Paradiso-owned property within the Gran Paradiso community, such as homes, amenities, and common areas, would be reallocated to other properties.  WVID-owned property within the Gran Paradiso community would remain under the WUP.  On December 13 and 20, 2024, Gran Paradiso was notified in writing about the WUP modifications that were being sought and an anticipated termination of irrigation water services in March 2025.  Therefore, the Gran Paradiso Board had several months to prepare the community for the reallocation and seek irrigation water from other sources.
• In January 2025 SWFWMD approved the permit modification and Gran Paradiso residents no longer have the option to receive irrigation water under the WUP.  Potable water remains an option for Gran Paradiso’s future irrigation needs.  As stated above, Gran Paradiso has had representation on the WVID Board of Supervisors since 2018 through either Victor Dobrin or John Meisel, therefore Gran Paradiso and its Board should have been well aware of the potential sources of irrigation water for Gran Paradiso.
• As a result of the permit modification and Gran Paradiso the Gran Paradiso Board’s defaults WVID terminated its irrigation supply agreement with Gran Paradiso on March 31, 2025.  Since the Gran Paradiso Board’s Lawsuit #1 requested the court terminate the 2019 amendment to the irrigation agreement between Gran Paradiso and WVID, Gran Paradiso and the Gran Paradiso Board have received the relief requested in their lawsuit.

Irrigation Water Rates

• Over the years, WVID has implemented changes to the irrigation rates, which is common for any utility provider.  WVID has noted in many public forums and documents that it does not mark up any rates, fees and charges for irrigation water charged to WVID from its suppliers.
• The source and type of irrigation water supplied to WVID has changed since 2009 (the date of the initial agreement between Gran Paradiso and WVID).  Nine years after the 2009 rates were imposed, in 2018, WVID commissioned a comprehensive irrigation rate study.  The irrigation rates contained in the 2018 rate study were adopted by WVID and the study provided that the rates were fair and reasonable.  Six years later, in 2024, in response to Gran Paradiso’s allegations regarding the 2018 rate change, WVID commissioned an updated rate study to again determine whether the rates were fair and reasonable. The study concluded the 2018 rates were unsustainably low and recommended an annual increase of just $4.96 per month per 10,000 gallons for all neighborhoods. The increased irrigation rates were adopted by WVID in a public hearing in July 2024.
• When deciding to pursue termination of the agreement with WVID for irrigation water pursuant to the WUP, the Gran Paradiso Board knew or should have known that the only other source of irrigation water is potable water (especially given Gran Paradiso has had a Board member also serving on the WVID Board since 2018).  The rates for potable and other sources of irrigation water were published in the public rate studies commissioned by WVID which the Gran Paradiso Board was aware of.
• Data taken from the published WVID 2024 Irrigation Rate Study (which the Gran Paradiso Board has knowledge of) provides context on the irrigation rates currently charged by WVID v. potable rates charged by local counties and municipalities.  Below is a comparison of WVID 2024 Rates vs. potable water rates.

• The approximate monthly irrigation costs per home utilizing irrigation water from WVID assuming 10,000 gallons of irrigation water per month from 2009-Present is summarized below:

• Residents in Wellen Park (and Gran Paradiso) have experienced minor rate increases for the past 16 years.
• At the rate above, currently each resident in Wellen Park utilizing irrigation water from WVID is paying approximately $213.84 per year for irrigation for their lots. At City of North Port’s current potable water rate, a homeowner in Wellen Park not being supplied irrigation water from WVID should expect to pay approximately $840.00 per year for irrigation.

As of April 2025, impact fee credits and WVID bond issuances have funded only 24% of the development and infrastructure costs of Wellen Park and the remaining 76% has been funded by Mattamy with its own funds.

All information pertaining to WVID in this summary has been taken from documents that are public record and/or are available on WVID’s public website.  Information pertaining to irrigation water sources, the WUP, Gran Paradiso’s Irrigation Water Violations, the Lawsuits, the irrigation agreements, and water irrigation rates has been taken from publicly available documents from various sources.

Gran Paradiso HOA Correspondence & Information Pertaining to Irrigation

5.19.2022 – Letter to GP POA on Revised Irrigation AGMOD Allocations

7.20.2022 – Transmittal-Letter-to-GPHOA-on-Revised-Irrigation-AGMOD-Allocations-2-WVID

7.20.2022 – Transmittal Letter to GPHOA on Submission of Water Conservation Plan WVID

8.15.2022 – WVID Gran Paradiso POA Attorney regarding irrigation matter

9.6.2022 – WVID Letter to Gran Paradiso HOA Attorney on Irrigation Matters

10.25.2022 – WVID Attorney letter to Herbert

11.23.2022 – WVID Resident Letter on Suspension of Irrigation Service Gran Paradiso

12.14.2023 – WVID Water Resources letter

5.22.2024 – Irrigation Water Resources letter

3.25.2025 – Letter to Mr Herbert Re Gran Paradiso POA terminating irrigation agreement