Recent Activities in Litigation
Below is a summation of the Intervenor’s legal case as it currently stands. Though the language in some cases is harsh, the words have been taken directly in several places out of correspondence between opposing attorneys. The bottom line for neighbors is that the “Interveners” from the very beginning have tried to make this case about the words in the Plantation Master Declaration Contract. We have tried from the beginning to make this as simple, cost efficient, and transparent as possible. We have simply asked since 2017:
“DOES THE MASTER DECLARATION CONTRACT APPLY TO THE GOLF COURSE?”
In our opinion the developer, the agent acting on behalf of the developer, the HOA Board, and every neighbor in The Plantation should be interested in the answer to that question, and we should all join together to ask a Court and a Judge to resolve this source of contention in our community. Those trying to delay a ruling are not being good stewards of the land or of their responsibilities.
Again, we apologize for the sometimes harsh and direct words we found in the correspondence between attorneys on both sides.
By delaying discovery (the exchange of legal information and known facts----jml.), LBRC (LB River Club, LLC) is doing everything possible to stall the question “Does the Plantation Master Declaration (MDC) apply to golf course land?”. A judge has ruled that the MDC is a contract that parties to it can bring before the Court to interpret the contract. LBRC tried to prevent the Court from even considering answering this question. While they were successful in delaying this case for several months, ultimately a Judge has agreed with our right to seek a judicial determination as to the applicability of the MDC.
Since 2017 the other side has told you differently.
The other side knew that the (MDC) applied to the golf course when they bought the course which is precisely why they were able to buy it on the cheap. In fact, we were told that LBRC had numerous lawyers tell them that the MDC could be problematic. Now that we have received a small amount of the information from LBRC in discovery - we can see that their public position and statements about the contract is at best an obfuscation, in fact, LBRC had direct knowledge that numerous lawyers said the exact opposite.
The ownership group has purposely misled The Plantation neighbors, and the RC membership. They have also engaged in a campaign to bully River Club members who dared speak out against their plans for development. The original promise made to neighbors has changed countless times to suit profit and development. LBRC can sell off current and future “parcels” piecemeal to allow other developers any density and designs they wish until there is no golf course or open space left for our children and grandchildren and future generations of citizens.
We have asked all parties to join us in asking for Declaratory Judgement. If the RC ownership group, the HOA Board, and the agent acting on behalf of ownership are so confident of their position, then they should look forward to a ruling from a judge--they aren’t confident of their position. Instead, they are engaging in delay tactics and outright lying to delay a resolution of this case. LBRC is refusing to admit to nearly every operative fact and is refusing to produce essentially everything we have asked for in discovery. We have offered to enter into a protective order to prevent the disclosure of any sensitive financial or personally identifying information. Instead of agreeing to this, counsel for LBRC continue to tell half-truths and say that we are refusing to enter into any sort of protective order.
If everyone had joined together and asked for summary judgement on the Declaratory judgment it would have cost all parties less than $15,000----according to several attorneys who are not part of this action. LBRC specifically set out with a plan to run up the costs on this case. Our attorneys (who have set supreme court precedent on a party's ability to recover legal fees for the opposing party engaging in frivolous conduct) believe that LBRC is engaging in frivolous conduct and may end up paying our legal fees and costs of litigation.
The reason for the increased costs of litigation lies at the feet of the River Club ownership and The HOA Board's decision to withdraw from the case and align itself with a team of developers from California.
The best way for neighbors to protect the golf course open space is to use the (MDC)----a contract all of us including the owner of the Golf Course, are parties to.
DOES OUR MASTER DECLARATION CONTRACT (MDC) APPLY TO THE GOLF COURSE?
It begs the question----Who is afraid of the answer? And why?