September 18, 2017 - 2:45 pm
Par Excellence Drive Trust, LLC co-owners Georges Maalouf and Eddie Haddad said they have been working with city officials to expedite needed permits, including their operating, business and liquor licenses so the course can “open the first part of October.” The group closed its purchase July 4 and closed the course the next day.
“We wanted to comply with the judge’s order, not only maintain it, but also to re-open the course as a good-faith gesture to all of the neighbors of the community in order to continue discussions on how to best to keep the course open,” Haddad said. “We’d love nothing more than to have this course opened forever as long as it’s financially feasible.”
Homeowners in the Grand Legacy neighborhood have filed for a temporary restraining order to prevent new development on the course, arguing that the property is restricted from development for 50 years.
Meanwhile, dozens of subpoenas have been issued to homeowners in the Grand Legacy Community Association, seeking communication and documents that “enforce the deed restrictions on the golf course.”
“Unfortunately, lawyers have to do what they have to do,” Haddad said. “As the other party in the lawsuit, we don’t understand why everyone can’t just get along. The biggest question to our lawyer is — how can we stop this nonsense? What we’re doing shows we’re in compliance with what the judge ordered and we will continue to do so.”
As part of their plan to reopen, the owners cut down the hedges on Wigwam and Green Valley Parkway. The Grand Legacy association’s attorney Erika Pike Turner said the receiver, OB Sports, is looking into the matter to see if it complies with Judge Joe Hardy Jr.’s injunction.
Tom Sarnelli, a board member of the Grand Legacy association, said residents are skeptical of the course owners and the lawsuit will remain until the 177-acre, 18-hole course is open or an opening date is in writing.
“Hopefully they commit to their word and follow through on it, but at this time we’re not sure that they will follow through on their commitment,” Sarnelli said. “We don’t have any reason to believe that they will.”
Documents show that Maalouf submitted an application for water credits (in exchange for turf removal) when the golf club was closed.
“We acted in the nick of time,” Sarnelli said. “Had we not acted as quickly as we did they could have expedited their application and we’d be talking about xeriscaping right now.”
A hearing on a motion to dismiss the homeowners’ complaint is scheduled for 9 a.m. Oct. 10.
For more information on Legacy, visit thelegacygc.com.
Contact Sandy Lopez at firstname.lastname@example.org or 702-383-4686. Follow @JournalismSandy on Twitter.
For most subpoenas issued, the requests for information include:
• Homeowners’ escrow file, including: purchase agreement, closing statement and covenants, conditions and restrictions
• Marketing and sales materials pertaining to their homes
• Title reports
• Home inspection reports
• Documents referencing conditions of the home that might adversely or positively affect value, such as lot premiums, significant improvements or defects
• Photo of the golf course
• Any resale package
Source: Colonial Property Management