A Good Day for Our Plantation Golf Course

This morning, we received information that the request to dismiss the case before ADA County District Court Judge Jon Medema was found in favor of the “interpleaders”. The motion to dismiss the case offered by The River Club was DENIED. Preserve Plantation is excited that we have crossed the first hurdle in securing the integrity of our golf course open space. We have not had time to review the entire ruling---23 pages but here are a few ideas that we would like to offer:

LB River Club tried to avoid answering a simple question - are they parties to the MD? They received a copy when they bought the property - just like everyone else. Why do they feel the MD does not apply to them? Why are they resisting answering that question? Time will tell but the Court has now made it clear that we are entitled to an Answer to that question. Who does it benefit if we amend the MD before receiving an answer to this question?  Do you think the Developer will stop at this massive development currently proposed? If the developer wants to improve the golf course, why is a massive development necessary? Why has there not been a formal submission of these grand plans for the golf course to the Master Association or the Garden City fathers?

Going forward there are many questions that need to be answered. From the very beginning we have only asked:

“Does the Master Declaration Contract (MDC) apply to the golf course”? WE are one step away from Declaratory Judgment that will resolve once and for all the answer to that question.

Today was a good day for the “interpleaders” and Preserve Plantation----not the same thing. There will be rulings in the future that we agree with and rulings that may be problematic to our position.  In the end we are confident that we will prevail. We are in this fight to the end, in both the legal and political battles. 

Thanks again to our incredible legal team, our contributors, and all the interpleaders.

John Livingston