Nixa -- Ron and Charlene Nelson thought they had found the perfect place to build their dream home -- in a peaceful upscale Christian County subdivision called Tuscany Hills.

The development north of Nixa on Christian County AA and west of U.S. 160 was started about three years ago but has been stalled at various stages. Three commercial buildings and five houses remain incomplete; only two homes are finished and occupied.

The Nelsons began their home in April 2006, after the Christian County Planning and Zoning Board gave the contractor a permit, even though the subdivision's infrastructure was incomplete.

"Our home is still not done," said Charlene Nelson. "It seemed like the builder was taking a long time on our home, but by the time we figured out he had used our money for other purposes, he had skipped town."

The builder, Mike Ussery, took the Nelsons for a substantial amount, Ron said.

"Our money is gone ... and funds are not available to finish the house because the expenditures have already exceeded the construction loan," he said.

Numerous attempts to contact Ussery directly by mail, phone or through his lawyers have been unsuccessful, Ron Nelson said.

"He will not respond to our inquiries, leaving us with no assistance," he said. "Basically he's abandoned us to resolve everything on our own."

County P&Z Chairman Gerald Griffin said he sympathized with the homeowners: "They have a right to be upset," he said. "Contrary to their belief, we are on their side. We can't go back and change what's happened ... we're limited by our present codes."

Ussery had a good reputation for constructing high-end homes, according to Real Estate Broker Bob Massengale of Nixa.

"It's a bad situation," said Massengale. "Ussery had the best intentions ... but he spent so much he went broke. The issue here is timing and the economy ... it could happen to anybody."

A good indicator of what a person is "made of" is how he handles himself when he gets in this kind of a bind, he said.

"The Reader's Digest version of this is ... the contractor just went broke and pulled out," Griffin said.

Ussery could not be reached for comment.

What happened

Christian County had no building codes when the Tuscany Hills development began, recalled architect Richard Werner of Avilla Properties. He and his wife, Diana, originally partnered with Ussery and his wife, Teresa Ussery.

Part of the problem is that P&Z accepted bonds at that time for a much smaller amount than it would take to complete the development's infrastructure, said David Stokely of Republic.

He got interested in county planning and zoning when the Terrell Creek development was first discussed and was the Democratic candidate for Western District County Commissioner in the Nov. 4 election. He was defeated by incumbent commissioner Bill Barnett.

"Basically, the county let this happen by lack of oversight ... should have had adequate bonding to finish the roads," Stokely said.

Members of the county commission did not respond to repeated efforts to get comment for this story.

Griffin explained that Ussery asked for and received an extension to complete the infrastructure, but after 24 months, the roads are still not done.

"The trouble we had then was the person in charge at that time was trying to help the developer, but that's not good business," said Griffin.

Part of the problem lay in the delays caused by variances needed to get water and waste treatment plant in place, said Massengale.

"Now the utilities are in place and the waste water treatment plant is up and running for the whole area," Griffin said. "Roads cannot be built at taxpayer expense."

Where they stand

A water system approved to supply 15 homes and the waste treatment plant are both approved by the Missouri Department of Natural Resources, said Werner.

The state-of-the-art treatment plant is owned by Werner's company and maintained by a company that also maintains systems in Clever and Marionville.

"With that sewer system there, a developer will be able to capitalize on smaller lots," said Snook. "This can be a shining example of how we can have better water quality in a county subdivision using less land."

A party is interested in turning the commercial buildings along AA into assisted living, a positive thing that will create a buffer between residential and commercial businesses already there, Werner said.

Discussion at P&Z now involves the right amount of bond money needed, said Griffin. A new contractor with new bond money is what's needed, he said.

"I have no economic interest in the development now," said Werner. "My interest is helping some other developer to take over and finish the development and from a financial standpoint, to make things right with the bank, and for the people who have already purchased lots to help them realize their investment."

Remedy

Acting P&Z director Glenda Hammons said Tuscany Hills will be before the Board of Adjustment at 9 a.m. Dec. 10 in the second-floor courtroom of the courthouse.

P&Z asked that the development go through the normal process but will allow the use of original plans so money doesn't have to be spent again, said Griffin.

It's important to get the expired Division 3 permit reinstated so a new developer won't have to reapply and start over for a new permit, said Werner.

"If a legitimate developer does come in and take over, he will post the appropriate bonds, and there'll be no problem," he said.

Pitching in

Bob and Dianne Sederwall are doing everything they can to help the subdivision get on its feet.

"Mike (Ussery) had finished our house before he took off," said Bob Sederwall.

However, they and their son, a general contractor, finished the landscaping and have offered to bid on finishing the other houses.

Security systems are in place in the development, and Bob Sederwall reported that grass and weeds are being mowed this week and dead trees removed.