Scores of Homeowners Suing Developers Over Nearby Mine Operation : Real estate: Residents allege builders didn’t inform them that sand and gravel extraction might expand closer to new houses, as it just has.

Owners of nearly 90 homes in three developments in Mission Viejo have sued the builders of their houses, alleging that they concealed information about the potential expansion of a nearby sand and gravel mine.

The homes were built between 1988 and 1990. Though sand and gravel have been dug along a nearby creek bed since 1909, the mine operator recently opened a new site that is closer to the homes than were previous operations.

In separate suits against Warmington Homes of Costa Mesa, Bramalea California Inc. of Newport Beach and William Lyon Co., also of Newport Beach, homeowner attorney Patrick Catalano of San Diego alleges that the builders and their sales agents knowingly failed to inform prospective home buyers that the sand and gravel mine was scheduled to begin operating in the vicinity of the new houses.

The suits, which seek unspecified damages, were filed separately Friday in Orange County Superior Court. The mine operator, Mission Viejo Materials Co., has not been sued.

The mine operates under a permit from Orange County along part of a 3.25-mile section of Trabuco Creek south of O’Neill Regional Park and east of the Mission Viejo city limits. The main processing facility is about two miles south of the homes.

A spokesman for the mining company said Wednesday that mining operations move up and down the creek bed as conditions dictate. The mining permit, however, limits mine operations to an area that ends about a mile south of the three housing tracts.

Catalano said the suit seeks restitution for homeowners who have lost equity in their homes because of the threat of an expansion by the mine.

Mission Viejo Materials did apply for permission to expand operations about a year ago but has withdrawn that application.

In a brief statement Wednesday, a spokesman for the mine operator said it works in an area “properly zoned for rock and sand production” and intends to “continue mining consistent with all applicable rules and regulations.”

Larry Riggs, executive vice president of Warmington Homes, said Wednesday he had not yet seen a copy of the suit. He maintained that his company never had any information about the mine operator’s plans to move closer to his company’s development.

Though the newest mining site is visible from the Warmington development, the main processing plant is not. Riggs said none of the mine operation was visible from Warmington’s property when the company sold the homes.

Officials at Bramalea and William Lyon Co. also said they had not seen the suit. They declined to comment.

The suits were filed on behalf of the owners of 19 homes in Warmington’s Emerald Pointe development, six homes in Bramalea’s Calafia project and 61 homes in Lyon Co.’s Auburn Ridge.