MERRILLVILLE | A group of homeowners are claiming town officials and Innsbrook developers failed to solve existing drainage problems and conspired to sell defective homes to unsuspecting blacks.

The 14 Innsbrook homeowners filed a lawsuit Thursday in Lake Superior Court in Hammond, naming town officials as well as those involved in the development, including Verne Washburn Jr., president of Ross Innsbrook Development Corp.

The lawsuit was filed on behalf of the homeowners, all of whom are black, by Griffith-based attorney Elizabeth Norwood, who declined comment.

Town Attorney Steve Bower, who had not seen a copy of the lawsuit, also declined comment.

Washburn couldn't be reached for comment Thursday by The Times.

Bower said the issue has been ongoing for the past three years with some Innsbrook homeowners.

The town has continued its stance that all subdivision retention ponds are the responsibility of the landowners and not the town to maintain, he said.

Bower said last fall, during a time of severe rains, the town engineer checked out the Innsbrook retention pond and determined it functional.

"We have about 150 retention ponds in town, and the Innsbrook retention pond is the best we have. ... You can't ask the town to spend public money on privately owned property," he said.

The homeowners in the lawsuit allege that "the town engaged in criminal mischief, official misconduct, conflict of interest and intimidation in furtherance of a conspiracy to enrich Ross Innsbrook Development Corp."

"Construction of Innsbrook unit seven continues to the date of this complaint with sales of defective homes to unsuspecting African-American citizens. The drainage issues at units six and seven have caused incidents of flooding in other areas of Merrillville and affect all of Merrillville and Lake County," the lawsuit states.

The homeowners are seeking to have the retention pond and drainage system repaired, an award of damages made and payment of all lawyer fees.

The town and residents have been at odds on the issue since late 2004.

Emory Christian, a lawyer and a former Innsbrook resident, filed a previous lawsuit on Oct. 27, 2004, on behalf of fellow residents. That suit, which eventually was dismissed at the request of one of the homeowners, sought to force town officials to rehabilitate and maintain the retention pond in the middle of the subdivision.