September 27, 2017 - 4:56 pm
Updated September 27, 2017 - 9:28 pm
A third community association hopes to join the fight to uphold a 50-year deed restriction for the shuttered Legacy Golf Club.
The Green Valley Village Association — with roughly 1,372 members — will have its request to join the lawsuit against Par Excellence Drive Trust LLC considered Oct. 3 in District Court.
Although Par Excellence co-owners Georges Maalouf and Eddie Haddad said they plan to host a pre-grand opening for nearby residents Oct. 12 and a public grand opening Oct. 13, homeowners have continued to press on in court.
Residents in the Grand Legacy Community Association, which represents 351 homeowners, filed for an injunction July 21 to prevent new development on the course, arguing that the property is restricted from development until 2038. Master Series, a 330-home subdivision of the Green Valley Association, joined the lawsuit Aug. 18.
Tom Sarnelli, a Grand Legacy board member, said the legal battle will continue “until and unless a temporary restraining order becomes a permanent injunction in connection to the golf course closure and until the deed restrictions are upheld.”
“We have not been provided with any prima facie evidence of any intention by the new owners to maintain the golf course property absent a court order,” Sarnelli said. “Had the Grand Legacy board of directors not taken swift and decisive action pertaining to these matters, we have no reason to believe that the new owners would have voluntarily decided to do anything with the golf course other than develop it.”
Henderson communications manager David Cherry said city officials continue are monitoring the legal proceedings and are working with the owners to license the course to reopen.
“The new operators of the Legacy Golf Club have met with the city’s business licensing and planning staff and have initiated the process for receiving the licenses needed to reopen,” Cherry said. “Once they decide when to start, we’re ready to go.”
The application for a liquor license must be approved by the City Council, probably at the Oct. 17 or Nov. 7 meeting. Par Trust can apply for a temporary liquor license while awaiting council action, Cherry said.
Contact Sandy Lopez at firstname.lastname@example.org or 702-383-4686. Follow @JournalismSandy on Twitter.
A hearing on a motion to dismiss the homeowners’ complaint is scheduled for 9 a.m. Oct. 10 at the Regional Justice Center, 200 Lewis Ave. Depending on the hearing’s outcome, a trial may be set for November.