Public Mediation

My Claim vs. Nationwide Mutual Insurance Co Breaks Promise to New Albany Residents

O. L. vs. Nationwide Mutual Insurance Co
1 Nationwide Plz, Columbus, Ohio, 43215-2239, United States
Amount Involved: Other terms
Complaint(s): Bad business practices
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: 4 non-monetary items.
    • Claim #: 5665520
    • Amount Involved: N/A
    • Filed On: Dec 03, 2015
    • Posted On: Dec 14, 2015
    • Complaint(s):
      • Bad business practices
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Statement of Claim
Complaint Involved (1) - View
Claimant says:
"On November 15, 2010, Nationwide pledged, under oath, to plant grass, regularly mow and maintain the look of a manicured lawn in the landscaping buffer of their data center, on the other side of my back yard, in order to win approval of its Final Development Plan.

These promises were elicited from Nationwide by the City's Planning Commission members to make sure that city residents' demands were met and property values were maintained.

Nationwide never planted grass or mowed the area in the landscape buffer directly behind my house and the house of my next door neighbor.

We were the residents who asked Nationwide to improve their preliminary landscape plan to exclude weeds in the landscape buffer.

Instead of honoring their agreement, Nationwide created a 50 feet deep X 120 feet wide bed of weeds behind our homes, and called it a wetland. Their weeds have grown to over six feet tall, and have never been cleared.

I complained to Nationwide, but they only cleared the weeds behind four other homes on my street--not the weeds behind my home and my next door neighbor's home.

I complained to the City of New Albany and asked them to have Nationwide clear its tall weeds (which violate city and county zoning ordinances) and live up to its pledge to our residents, but the City refused.

Instead, New Albany's Director of Development sent me a letter stating that the landscape buffer behind my property was exempt from mowing because Nationwide had an existing jurisdictional determination of wetland for the area.

The flat, dry area is not a wetland.

I contacted the US Army Corp of Engineers (USACE, the regulator the determines jurisdictional wetlands) and was told that no such jurisdictional determination existed or had ever existed.

USACE also sent me a letter confirming that there was no record of a jurisdictional determination of wetland for the property--before or after Nationwide bought it.

Even if the area had been a wetland it could still be mowed, cleared, cut and maintained as Nationwide promised, according to both USACE and the Ohio EPA.

The view of Nationwide's property from my home is such an eyesore that it has reduced the value of my property and my ability to use my back yard.

Insects and rodents breed in Nationwide's tall weed bed, cross into my yard and attempt to enter my home. I have had to spend thousands of dollars on exterminators, weed control chemicals and landscaping services to prevent Nationwide's weeds, insects and rodents from damaging my property.

Since Nationwide bought the property and created its weed-land, I have lost 9 trees along my adjacent treeline, from insects and chemicals to control tall weeds that spread onto my property.

I can't afford to build a fence and plant expensive trees to block the view. I can't afford to sell my house and move, since Nationwide's tall weeds have detracted so much from my property value.

In the attached Minutes from the 11-15-2010 New Albany Planning Commission meeting clearing confirm this as a condition of approval:

1. “Ms. Meyer, Deputy Director of Community Development for New Albany, explained that the landscape buffer will be regularly mowed.“ (See Page 3)
2. Mr. Brown (Nationwide’s Project Manager) stated that he expects the landscape buffer to be maintained as "a manicured lawn.” (See Page 6)
3. New Albany City Council Liaison, Ms. Briscoe "...verified that they will be planting grass in the area." (See Page 6)

The preliminary plan called for weeds in the landscape buffer. Planting of grass, regular mowing and maintaining the landscaping buffer like our back yards were important changes my neighbors and I had negotiated with Nationwide and City officials to avoid these very problems.

Nationwide's failure to live up to its word and its excuse (via the City of New Albany) about having a jurisdictional determination of wetland that doesn't exist, is disappointing--especially in light of its claim of being "on your side."

I just want Nationwide's tall weeds cleared, grass planted and regularly mowed to maintain the appearance of a manicured lawn, like Nationwide promised my City, my neighbors and me."
...
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Exhibits View
What Claimant Wants Hide
Non-Cash
What By When How Much
1. Remove false or malicious web content, business reviews, etc.: Clear the weeds in the landscaping buffer behind my house Dec 18, 2015 N/A
2. Repair: Plant grass in the spring, regularly mow and maintain the appearance of a manicured lawn Dec 18, 2015 N/A
3. Apology: I would appreciate an apology Dec 18, 2015 N/A
4. Change of policy: Notify the City of New Albany that the area is not a wetland and request they lift their mowing exemption Dec 18, 2015 N/A
Cash
1. Other – Copy claim to regulators Dec 18, 2015 $14.99
2. Other – Pay for claim posting cost Dec 18, 2015 $7.99
3. Other – Physical delivery charges Dec 18, 2015 $25.98
Just make me happy!
Claimant invites Nationwide Mutual Insurance Co to make a fair offer to resolve this complaint.
Cash total : $48.96
Non-cash: 4 items
  • 0
Do you agree with the claimant’s demands?  (If you are a party to this claim, click here.)

Respondent's Counteroffer

There has been no response to this claim from Nationwide Mutual Insurance Co. This claim will remain posted until resolved
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  • Question: by J Petaluma (1519 points) — 40 Years In Business. Curious About Everything, Love Helping People Figure Things Out.
    • On: 01-04-2016
    View more
  • Wetland is a pretty specific term--it doesn't usually apply to an occasional minor puddle of water where weeds grow. Where a wetland has been reinstated in a residential neighborhood, it will be planted out with specific plants. Have you contacted the Sierra Club or anyone else who'd have expertise in this area? I have also found that the County Extension service will often be able to recommend an expert or send a staff member to view a disputed area. If Nationwide is just saying 'it's a wetland' in order to get out of maintaining the land as promised, I would think that your local newspaper would also be interested? But first you have to establish that the land really doesn't have value as a wetland. Doesn't look like it from the photos attached but ...
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