TClub West Conservancy filed a lawsuit in the Superior Court last week against golf course owners The Edge and Shea Homes to prevent them from building homes on any part of the besieged site.
In the meantime, the Foothills Club West Association board of directors can vote tomorrow, December 9, on whether to appeal a judge’s verdict that the former board members illegally acquired land use rights on the property. That ruling was based on a lawsuit filed by the Conservancy in Spring 2020.
In the new Conservancy lawsuit, a pending judge will be asked to rule that Shea will be prevented from changing the golf course’s agreements, terms, and restrictions – which, according to Conservancy attorney Francis Slavin, “restricts the golf course property to being used as a golf course , the driving range, related recreational facilities, a golf pro shop and clubhouse facility. “
The lawsuit also claims that The Edge “be permanently banned from taking any action to encourage the development of golf course property for residential or other non-golf course related purposes” and alleges that it is legally required to use the property for golf only.
And she claims that Shea Homes doesn’t even own the registration rights to the golf course as it never signed an agreement to acquire it when it bought the original developer of Club West.
Since the lawsuit was filed last Thursday, no formal responses have been filed to the Conservancy’s allegations. Edge spokesman and partner Matt Shearer declined to comment.
The four partners that make up The Edge bought the course from Wilson Gee in 2019 for allegedly $ 750,000, about a year after he took the property back from a would-be owner who restored the property, but then came with the bills of the city water service lagged a total of more than $ 160,000.
Gee graduated from the course in 2016, saying he could no longer afford the cost of urban drinking water, which at the time had soared to over $ 750,000.
The Edge presented a plan to restore the course and build a new clubhouse in January 2020. However, the owners said the restoration could only be done by selling three pieces of the square to Taylor Morrison for the construction of 164 one- and two-story homes.
This enraged many of the 350 or so homeowners who paid high land prices of $ 60,000 to $ 80,000 for near the course. And when controversy swept through the Club West community of 2,700 people, Taylor Morrison pulled out of his deal with The Edge.
Since then, The Edge and a related entity, Community Land Solutions, have asked the community for ideas on converting the site into a park, but without specifying how the remodeling and ongoing maintenance would be paid for.
The conservancy is made up of homeowners who formed the nonprofit to combat any home-building efforts on the site, and say that homes blocked the mountain and desert views of many homeowners, especially those who saw homes along the Have space.
In its lawsuit against The Edge, the Conservancy’s lawsuit includes two dozen pages with references to legal documents, newspaper advertisements and marketing materials showing how the golf course was an integral part of the playing field used by the developers at Club West to attract homebuyers .
“Foothills Club West was developed, marketed and sold by UDC-Foothills Limited Partnership as a golf course community with an 18-hole championship golf course in the heart of the community,” Slavin writes, citing a 1990 newspaper announcement from subsidiary UDC Homes that said:
“The 6,883 yard, par-72 championship golf course and 20,000 square foot clubhouse will be the focal point of a 1,447 acre planned community that will include 25 communities.”
UDC Homes, which was acquired by Shea Homes, Arizona in 1998, also owned the golf course property and its CC & Rs through a subsidiary, and the lawsuit states that these land use regulations “ensure that every golf course property owner operates and maintains it as a golf”. Course.
The lawsuit relates to several newspaper reports about the growth of Club West.
One story says: “The biggest draw for the residents of Club West is the view of the mountains and the golf course. Every house has at least one window to the changing panorama and many houses back to the green. “
The lawsuit also alleges that the golf course’s CC & Rs are mentioned in home purchase agreements to reassure buyers that they can be confident that the site will only be used for golf after 2008.
That language of the contract is instrumental in the allegation of the lawsuit that Shea Homes never entered into a formal agreement with UDC to acquire the rights to enroll in the golf course.
“The applicant’s only potential remaining right under the Golf Course CC & Rs was the right to enforce the use restriction … which was set out in the Foothills Club West homeowner’s sales contracts,” Slavin writes, adding:
“By purchasing land and houses within the Foothills Club West master plan community, each buyer acquired, among other things, the right to enforce the ‘Use Restriction’ to restrict the golf course property to golf course use.”