Pomona : Builder Sues Cemetery Assn.

Lewis Homes, which planned to build 90 houses on 17 acres it bought from the Pomona Valley Cemetery Assn., has sued the association to rescind the purchase and is seeking nearly $1 million.

The suit, filed in Pomona Superior Court, was prompted by allegations from former cemetery workers that they mixed ashes from human remains in a trash can and dumped them in the vacant lot next to the cemetery. Lewis Homes bought the lot, at Towne and Lexington avenues, last year.

In its suit, the builder accuses the cemetery association, Newton Realty and five directors of the association of misrepresentation and breach of contract, claiming that it was assured the property had never been used for burial. But, the suit alleges, interments have occurred that will render “the property unfit and undesirable for the construction of homes for sale to the general public. . . . “

Lewis Homes purchased the property for $1.45 million, with a $300,000 down payment and the rest to be paid in installments. The suit seeks recovery of the down payment, the installment payments made thus far and other costs for a total of at least $997,000. Lewis Homes halted work on the project in June after grading the lots.

John Lemons, general manager of the Pomona Valley Cemetery Assn., said he has not seen the suit and declined comment.