By Jennifer Edwards
The Cincinnati Enquirer

LIBERTY TWP. - The first homeowners to sue Ryland Homes over lead contamination in their Butler County subdivision and to ask the company to buy back their home settled Thursday. The terms are confidential.

Ed and Robin Lumbert sued Ryland in January after hazardous levels of lead were discovered late last year in their neighbor's yard at Lexington Manor.

Since then, lead contamination has been found in parts of at least 13 yards, arsenic also has been discovered, and the subdivision has been declared a U.S. Environmental Protection Agency Superfund site.

A cleanup is expected to begin in July or August.

"We're glad to be done with this part of the whole ordeal," said Robin Lumbert, 35. "What a relief to finally get my children out of that environment so they can go and enjoy the rest of their summer in a yard where I don't have to worry about them.

"Playing outside with our kids at night was our ritual and we haven't been able to do that and feel safe."

Ryland spokeswoman Anne Madison declined comment other than to say: "Our focus is on resolving this in the best interest of our homeowners."

The settlement came one day before the case was to hit the courts.

A Butler County Common Pleas Court judge had been expected torule today on whether the Lumberts had to continue making monthly payments on their $275,500 home until they moved.

If that had happened, it could have set a precedent for 19 other families who have sued Ryland and others involved in the case.

Drew Dilley, who lives three doors from the Lumberts and has also sued, said he was happy for the couple.

Dilley, however, said he didn't like the buyback offer Ryland has made to 25 families who were not told of the lead when they purchased their homes. It includes the repurchase price of their houses, $15,000 in additional expenses and $10,000 off their next Ryland home, should they choose to purchase one.

Homes at Lexington Manor range from $190,000 to $330,000.

The 46-lot subdivision was built in 2001 on 25 acres off Millikin Road that held a skeet-shooting range for several years before it closed in 1969.

Dilley said the families should receive more than offered so they can purchase new, comparable homes .

E-mail: jedwards@enquirer.com.