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Temporary Restraining Order Granted July 15, 2026 Active Litigation

Yakubik, et al.
v. Pulte Homes

PN II, Inc. and Western States Contracting, Inc.

On July 15, 2026, the Eighth Judicial District Court granted a Temporary Restraining Order against Pulte Homes and its general contractor, ordering them to cease fugitive dust violations, after-hours construction, and unauthorized use of heavy equipment on public residential streets adjacent to the Lake Moor development in Henderson, Nevada. The temporary restraining order is no longer in force. On the record, the Court directed Pulte Homes and its contractors to comply with the law.

Join This Case View Evidence Report Dust at This Site
CourtEighth Judicial District
Clark County, Nevada
DepartmentDept. 16
JudgeHon. Timothy C. Williams
Plaintiff AttyJoe Yakubik, Esq., Bar No. 17015
Assured Law
Order IssuedJuly 15, 2026
Bond$2,500
Court Order

What the Order Required

Three mandatory restraints ordered by the Court on July 15, 2026.

1

Dust Control Compliance

Defendants must implement Best Available Control Measures, cease all construction when emissions exceed permitted limits, and not cause or allow visible emissions of particulate matter to extend more than 100 feet or cross a property line.

CC AQR Sections 94.13(c), 94.14(a)(3), 94.14(a)(4)
2

Authorized Hours Only

No construction activity, equipment operation, or material delivery outside the hours authorized by applicable permits and the Henderson Municipal Code.

Henderson Municipal Code, Permit Conditions
3

No Heavy Equipment on Public Streets

Wheel loaders, excavators, and articulated haul trucks may not be operated, staged, or hauled on adjacent public streets except as authorized by applicable permits and approved traffic control plans.

State Law and Permit Conditions

Note

The Order does not prohibit lawful construction activity conducted in compliance with the Order and applicable permits and regulations. Defendants were already required to comply with these standards before the Order was filed.

Claim Allegations

What We Are Claiming

DUST
Fugitive dust crossing property lines, coating exterior surfaces, contaminating pools, and clogging HVAC systems in violation of Clark County Air Quality Regulations
NOISE
Construction noise and activity documented outside permitted hours, disturbing residents and damaging quality of life in violation of the Henderson Municipal Code
HEALTH
Fugitive dust is causing respiratory issues, eye irritation, sleep deprivation, and other health concerns
ROAD
Dangerous heavy equipment including wheel loaders, excavators, and articulated dump trucks operated on public residential streets without authorization, causing surface damage

Are You Affected?

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Potential Damages

Health
Health damages arising from exposure to airborne particulate matter, dust, and construction-related contaminants
Loss of Use
Loss of use of property, including outdoor areas, pools, and HVAC-dependent living spaces
Repairs
Property damage repairs to pools, HVAC systems, exterior surfaces, and street-facing structures
Maintenance
Ongoing maintenance costs incurred while violations continue, including pool cleaning, filter replacement, and air purification
Property Value
Diminished property value caused by proximity to poorly managed construction activities
Medical
Medical monitoring and treatment costs related to exposure
Punitive
Punitive damages for willful and knowing violations of applicable regulations and permit conditions
Other
All other damages as proven at trial
The Site

Permitted Area vs.
Area of Concern

Clark County Air Quality dust permit 57933, held by PN II, Inc. (Pulte Homes) for the “Lakemoor” project, covers 726.76 acres between Racetrack Road and Lake Mead Parkway in Henderson.

Clark County Air Quality Map showing Dust Permit 57933 (Lakemoor / PN II, Inc.). The green area is the permitted project area under the Temporary Restraining Order; the red outline marks the surrounding areas of concern.
Green: permitted project area under the Temporary Restraining Order (Dust Permit 57933)
Red: surrounding areas of concern
Source: Clark County, Nevada Air Quality Map (public record), Dust Permit 57933. Red boundary added for illustration.
Pre-Litigation Record

Enforcement Timeline

Construction activity at this site has been ongoing well before January 2026 and has been thoroughly documented throughout. Before filing suit, Assured Law followed proper channels, reporting violations and putting the responsible parties on notice. The timeline below is a summary of key events, not a complete record of every documented violation.

March 4, 2026
After-hours work documented at 6:54 p.m. and 7:00 p.m. Heavy equipment operating in active dust cloud at Athens Ave. and Racetrack Rd.
April 8, 2026
Cease and desist letter issued to Western States Contracting, Inc. via USPS mail and email. No remediation followed.
May 19, 2026, 2:33 a.m.
Excavator delivered to public residential street. Captured on security camera. No permit or traffic control plan in evidence.
May 21, 2026
Multiple dump truck violations documented. Pool sediment confirmed in neighboring residential pool.
May 27, 2026
Private compliance notice issued to Defendants and forwarded to noticed agencies. No enforcement action followed from any agency.
June 5 to 6, 2026
Additional violations documented. June 6: active dust storm with Henderson Police Department present on-site with no enforcement action taken.
June 8 to 9, 2026
Work began with no water applied. Multiple dump trucks raising dust clouds on residential streets.
July 15, 2026
Temporary Restraining Order Granted. Judge Timothy C. Williams orders immediate compliance.
July 31, 2026
Court directs compliance on the record. The Court directed Pulte Homes and its contractors to comply with the law. The temporary restraining order is no longer in force.
Filed Evidence

Exhibit Documentation

Photographic evidence filed in support of Plaintiffs' Application.

A
Fugitive Dust, General Site Documentation
Loader, excavator, and haul truck operations generating visible dust clouds near residential properties
Exhibit A-1
A-1, Loader raising visible dust cloud near residential properties
Exhibit A-2
A-2, Loader and dust, residential homes in background
Exhibit A-3
A-3, Dump truck and dust cloud at residential street corner
Exhibit A-4
A-4, Excavator raising dust cloud near residential properties
C
After-Hours Work
Construction activity documented outside permitted hours, including 2:33 a.m. and 6:54 p.m.
Exhibit C-1
C-1, March 4, 2026, 7:00 p.m., after dark
Exhibit C-2
C-2, March 4, 2026, nighttime, equipment and dust cloud
Exhibit C-4
C-4, Security cam, 2:33 a.m., May 19, 2026
Exhibit C-5
C-5, Flatbed truck on residential street at night
D
Heavy Equipment on Public Streets
Loaders, excavators, and haul trucks on residential streets without authorization. Street damage documented.
Exhibit D-1
D-1, Loader carrying utility pipe on residential street
Exhibit D-3
D-3, Loader carrying steel trench plate over sidewalk
Exhibit D-4
D-4, Articulated dump truck on residential street
Exhibit D-5
D-5, Surface damage and spalling to street concrete
G K L
Property Damage, Pools, HVAC, and Home Surfaces
Fine sediment and dust documented in residential pools, on AC units and filters, and on exterior surfaces
Exhibit G-1
G-1, Residential pool with visible sediment
Exhibit G-2
G-2, Fine sediment suspended and settled on pool floor
Exhibit K-1
K-1, Dust and sediment on AC unit and filter
Exhibit L-2
L-2, Dust accumulation along window seal and track

Affected by This Project?

If you live near the Lake Moor / 3 Kids Mine development in Henderson and have experienced dust, health symptoms, property damage, or pool or HVAC contamination, you may have a claim. The review is free.

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