Huntsville, August 28, 2025
News Summary
Beire and Shayna Castro have initiated legal action against Diltina Development Corporation and Green Mountain Realty for alleged violations of tree cutting regulations. This lawsuit stems from the city’s halt on building permits, keeping the Castros from constructing their home in the Estates at Wade Point subdivision. The developers assert that the Castros were aware of zoning issues before purchasing the property. The case raises safety concerns about destabilized slopes and potential impacts on other homeowners. A hearing is scheduled for September 5.
Huntsville – A significant hearing is set for September 5 in Madison County Circuit Court as Huntsville residents Beire and Shayna Castro have filed a lawsuit against Diltina Development Corporation and Green Mountain Realty. The suit claims that the developers violated tree cutting regulations, which has prevented the Castros from building their home in the Estates at Wade Point subdivision on Green Mountain.
The Castros’ legal action comes in response to the city placing building permits on hold after Diltina Development was found in violation of Huntsville’s slope district regulations. The developers are currently seeking to have the case dismissed, asserting that the Castros were aware of potential delays with the variance process prior to purchasing the property.
Diltina Development argues that under Alabama’s “caveat emptor” (buyer beware) policy, the claims made by the Castros are invalid. They contend that the Castros have not provided sufficient evidence of fraud in the matter. However, the Castros maintain that the developers acted with intent to violate zoning laws for financial advantage, noting that they cut down hundreds of mature trees to improve property views.
An admitted violation of tree cutting regulations was confirmed by Diltina representative Alex Maxwell during a recent Board of Zoning Adjustments meeting, revealing that the trees were intentionally removed in violation of established laws. The current legal situation for Diltina Development includes an appeal of their remediation plans’ rejections by the board; this related case is scheduled for a jury trial on March 9, 2026.
The Castros purchased their lot for $250,000 but claim they were misled regarding zoning issues that hinder obtaining necessary occupancy certificates. After finalizing their purchase, they learned from neighboring property owners about the zoning complication that would affect their plans.
Furthermore, their real estate agent reportedly minimized the significance of the tree violation, leading the Castros to believe that a variance would soon be approved by the city. Since purchasing the lot, the couple has incurred costs exceeding $88,000 for both the property and construction expenses, which includes $75,000 paid to a builder and nearly $30,000 spent on unused building materials.
Despite their financial investment, the Castros’ application for a building permit was denied due to concerns that the property had become unstable and unsafe following tree removal operations. Consequently, they are seeking a refund of their costs, return of any commissions paid, and compensation for damages caused by the alleged misrepresentations.
Prior to filing the lawsuit, the Castros attempted to settle the issue out of court, sending a letter to Diltina in April. The case raises serious safety concerns, as the tree cutting violations are reported to have destabilized the slopes of the mountainous properties involved, potentially affecting not only the Castros but also other homeowners nearby.
Key Details of the Lawsuit
- Date of Hearing: September 5, Madison County Circuit Court
- Castros’ Purchase Price: $250,000
- Expenses Incurred: Over $88,000
- Jury Trial Date for Diltina’s Appeal: March 9, 2026
Background Context
The Estates at Wade Point subdivision is located in a mountainous area known for its scenic views and challenging geography. The city has strict slope district regulations to prevent unsafe building conditions that can occur due to tree removal.
Frequently Asked Questions (FAQ)
What is the main issue in the lawsuit filed by Beire and Shayna Castro?
The Castros are suing Diltina Development and Green Mountain Realty for allegedly violating tree cutting regulations, which has prevented them from building their home.
When is the hearing scheduled?
The hearing is set for September 5 in Madison County Circuit Court.
What are the Castros seeking as a resolution?
The Castros are seeking a full refund, return of paid commissions, and compensation for damages incurred due to the alleged misrepresentations.
What safety concerns have arisen from the tree cutting violations?
Concerns regarding the stability and safety of the slopes affected by tree removal have been raised, impacting not only the Castros but also other nearby homeowners.
Key Features Overview
| Feature | Details |
|---|---|
| Hearing Date | September 5, 2023 |
| Developers Involved | Diltina Development Corporation, Green Mountain Realty |
| Castros’ Allegations | Tree cutting violations, misleading zoning information |
| Financial Outlay by Castros | Over $88,000 in purchase and construction costs |
| Trial Date for Diltina’s Case | March 9, 2026 |
| Potential Compensation Sought | Full refund, return of commissions, damages |
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Additional Resources
- AL.com: Hearing Set for Lawsuit over Huntsville Tree Cutting Violations
- Wikipedia: Huntsville, Alabama
- WAAYTV: Help with Storm Damage Cleanup in Madison County
- Google Search: Huntsville Tree Cutting Violations
- Rocket City Now: Emerald Ash Borer Invasion Threatens Trees
- Encyclopedia Britannica: Tree
Author: STAFF HERE HUNTSVILLE WRITER
The HUNTSVILLE STAFF WRITER represents the experienced team at HEREHuntsville.com, your go-to source for actionable local news and information in Huntsville, Madison County, and beyond. Specializing in "news you can use," we cover essential topics like product reviews for personal and business needs, local business directories, politics, real estate trends, neighborhood insights, and state news affecting the area—with deep expertise drawn from years of dedicated reporting and strong community input, including local press releases and business updates. We deliver top reporting on high-value events such as Panoply Arts Festival, Rocket City Brewfest, and Huntsville Comic & Pop Culture Expo. Our coverage extends to key organizations like the Huntsville/Madison County Chamber of Commerce and HudsonAlpha Institute for Biotechnology, plus leading businesses in aerospace, defense, and manufacturing that power the local economy such as Boeing, SAIC, and Mazda Toyota Manufacturing. As part of the broader HERE network, including HEREBirmingham.com, we provide comprehensive, credible insights into Alabama's dynamic landscape.
