This is the judge's final written order affirming that the CC&Rs require the owners of the property to operate a golf course. Attorneys for both True Life and the homeowners had asked the court to interpret the CC&Rs. Oral arguments were May 1, 2016 before Judge John R. Hannah Jr. in Maricopa Country Superior Court.
In this order, the judge wrote, "the Court finds the intention of the 1992 Declaration of Covenants, Conditions, Restrictions and Easements was that a golf course would be operated on the subject property."
After a bench trial October 24-26, 2018, Judge Hannah released his Findings of Facts and Conclusions of Law on Jan. 2, 2018.
Based on the facts and the law, Hannah issued a final judgment and order for a permanent injunction. It found that the course owners breached the terms of the CC&Rs, found that the homeowners were entitled to injunctive relief, rejected the course owners' request to change the CC&Rs, and awarded attorney's fees to the homeowners.