Statement from Swain and Breslin on ruling

Statement from Swain and Breslin on ruling

Judge orders course owners to operate a golf course, not build houses

The judge in the Ahwatukee Lakes Golf Course case on Friday ordered a “mandatory injunction requiring the owner of the Ahwatukee Lakes Golf Course property to operate a golf course on the property” as required by the 1992 CC&Rs.

Judge John R. Hannah Jr. issued the “minute entry” on Friday. Two area homeowners, Linda Swain and Eileen Breslin brought the suit against The True Life Companies and other developers to stop them from converting the land to housing. Breslin and Swain asserted that converting the course violated the deed restriction on the property and the judge agreed.

A minute entry sets forth the court’s thoughts, opinions and rulings on the legal arguments.

In a statement issued Sunday, Swain and Breslin called the ruling a “victory.”

“Judge Hannah’s ruling is the victory we’ve been looking for, for several reasons:

“First, it prevents any owner of the property from doing anything but operating and maintaining a golf course. As a result, the ruling buries the threat of a new housing development that would have overwhelmed our community.

“Second, by requiring the operating of a golf course, the order preserves the essential park-like character of Central Ahwatukee, for both golf courses, and means the core of our character will not be changed.

“Third, the judge ordered the owners to pay our attorneys, further underlining that not only has our side prevailed – but that the defendants’ behavior was wrong and requires their paying for it.

“For all three of these elements, we are grateful.

“The judge decided to give the owners a little more leeway as to how to operate a golf course to the expectations of the neighbors. If the owners don’t comply, the judge said we can come back to the court to order further relief. If needed, we will.

“The substance of the case is now settled. Now, it’s up to the owners to prove they will be good corporate citizens, and do what the neighbors have sought, and what the court has now ordered.”