This Is our Village

Tuesday, December 23, 2014

GOLF COURSE SUIT AGAINST COUNTY AND DEVELOPER DENIED BY THREE JUDGE PANEL

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Dave Israel
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8 comments:

  1. This was not unexpected. The development pressure was too great and the arguments against were not well handled.

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  2. Unfortunately, once the re-zoning was done, The Village never had a chance. What should have been done years ago, was to buy the property when it was available for sale, or at least an offer made.
    Now construction will commence and hopefully they will start taking care of the property rather than leave it the way it is. shameful. I would expect the county to collect on all the fines before allowing construction to take place.

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  3. Hi Bob,
    December 23, 2014 at 6:31 PM,

    This ruling is very narrow in scope, insofar as "in perpetuity" is not addressed. after the PBCC ruled against us on the Golf course zoning requests Ralf Brookes (attorney for plaintiff) filed for review in the Circuit Court of Palm Beach County (called a Writ for Certiorari) which is heard before a panel of 3 Circuit Court Judges called the Appellate Division. This was not a ruling from the 4th District Court of Appeals (Denise was mistaken when she referred to the “4th DCA”).
    Now, Ralf could appeal to the 4th. DCA for further review.
    but it is probable that the County BCC is out of the litigation.

    As for action against the developer, this decision has no bearing, and could go forward.

    Dave Israel

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  4. I hope the Proactive whatever it is decides to not waste further time or money on this--unless its their own time and their own money. This case has not been well handeled and the smart local legal minds (not mine) have said the out of town lawyer has been on the wrong track for some time. However, some Southhampton and Golfs Edge people may disagree and want to try one more step before calling it a day.

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  5. I think that a development in Boca or thereabouts had a similar lawsuit against a developer and they lost as well.

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  6. Sounds as though this is NOT the end of the matter, after all. When the end does come (IF it does and IF Waldman is allowed to build), I wonder if he will turn around and sell the property. Whatever his original plans REALLY were, it wouldn't surprise me if after all this time and trouble, he was happy to unload it.

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  7. Now that he has taken the time and money to pretty much clear the way for construction, if he unloads the property, he stands to make a hefty profit as the legal part is out of the way.

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  8. So, who would buy it, considering how friendly and cooperative we neighbors are?

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