Response to petition for Supreme Court review - 1/8/2020

Tim Barnes, attorney for Ahwatukee homeowners, argues that a review by the Arizona Supreme Court is not needed. He explains how rulings are consistent with Arizona law.

Court asked not to delay contempt hearing for Gee - 12/19

 Homeowners' attorney urges court to hold contempt hearing for Wilson Gee. He rejects Gee's claim that the contempt hearing should wait until after Supreme Court review.


Homeowners ask for contempt hearing

Request for hearing regarding injunction to restore Ahwatukee Lakes Golf Course.Case CV2014-051035

Court rejects developers' appeal in Ahwatukee Lakes case

CV 18-0397 Swain v. Bixby Village (pdf)

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Legal documents--Covenants, Conditions and Restrictions

The CC&Rs are the basis for the homeowners' case against the developers . The CC&Rs were written by attorneys for the original Ahwatukee developer in 1992 to protect homeowners from land speculators.

1992 Deed Restriction (pdf)

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Trial 1

  • 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."

Trial 2

  • 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.