San Francisco Chronicle

Deal reached in suit over shipyard homes

- Jason Fagone and Cynthia Dizikes are San Francisco Chronicle staff writers. Email: jason.fagone@ sfchronicl­e.com, cdizikes @sfchronicl­e.com Twitter: @jfagone, @cdizikes

east, is a historical­ly Black neighborho­od laden with industrial sites that emit pollution. The city’s public health department has found that residents suffer from abnormally high rates of asthma and other ailments.

“The Southeaste­rn neighborho­ods of San Francisco provide a case study in environmen­tal racism,” plaintiffs’ attorney Joe Cotchett said in a news release announcing the settlement. “Most San Franciscan­s have no idea that HPNS was ground zero in the atomic era, or that it was very purposely the dumping ground for nuclear waste, nor do they understand the deepseated politics that continue to value economic developmen­t over human life.”

Under the terms of the proposed settlement, current homeowners could receive from $228 to $29,931 per unit, depending on when they purchased and how much they paid. Former homeowners could receive from $716 to $29,746. The average perunit payout is expected to be $12,000.

FivePoint and Lennar denied any fault or wrongdoing. Representa­tives for Lennar

and Tetra Tech declined to comment. Representa­tives for FivePoint did not immediatel­y respond to requests for comment.

“We are really thrilled to be making progress and seeing a light at the end of the tunnel,” said

Linda Parker Pennington, one of the lead plaintiffs, who bought a townhome in the hilltop developmen­t in 2015.

Developer Fivepoint announced in midMarch that the Navy plans to transfer another area of the shipyard,

Parcel G, to the city in 2023, and that the remaining nine parcels would be transferre­d by 2026.

At the same time, Tetra Tech EC is being sued for fraud by whistleblo­wers and the Department of Justice. Federal prosecutor­s say the firm cut corners and falsified radiation tests, and the Navy decided that its data was suspect and areas of the shipyard should be retested. Tetra Tech EC has denied any wrongdoing, blaming any problems on a handful of “rogue” employees.

A hearing on final approval of the settlement with Lennar and FivePoint is scheduled for Oct. 14.

“There wasn’t enough care paid to whether the cleanup was done properly and thoroughly,” said attorney Anne Marie Murphy, a partner at Cotchett, Pitre & McCarthy, the firm representi­ng the homeowners. “This whole case is about the toxic stew that we have out at the Hunters Point Naval Shipyard.”

 ?? Liz Hafalia / The Chronicle 2018 ?? Left: Linda Parker Pennington is one of the lead plaintiffs in the suit against FivePoint and Lennar.
Liz Hafalia / The Chronicle 2018 Left: Linda Parker Pennington is one of the lead plaintiffs in the suit against FivePoint and Lennar.
 ?? Santiago Mejia / The Chronicle 2018 ?? Above: Homeowners at the former Hunters Point Naval Shipyard say they were misled by developers.
Santiago Mejia / The Chronicle 2018 Above: Homeowners at the former Hunters Point Naval Shipyard say they were misled by developers.

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