VSLawyer for Ahwatukee Lakes golf course owner ALCR told judge his opponent’s argument was’ misleading and inappropriate ‘, told a judge’ It’s time for plaintiffs to put the past behind them and focus on what the owner of the property is required to do. “

Lawyer Daniel Maynard filed his argument last week to persuade Superior Court Judge Sara Agne that there is no reason to fine his client totaling hundreds of thousands of dollars because the ALCR followed the schedule of another judge to restore the course.

Last November, Superior Court judge Theodore Campagnolo declared the ALCR in contempt of a 2018 third judge’s order ordering the restoration of the 18-hole executive course. Campagnolo said ALCR would face a penalty of $ 500,000 if it did not complete design work for the restoration by May 2021, with an additional $ 1 million if construction did not begin. by September 2021 and $ 2 million more if it wasn’t open to gambling by September 2022.

Meanwhile, ALCR director Wilson Gee, who closed the course in 2013, told AFN last week that the first half of the course would open before the end of the month. He and his right-hand man, Terry Duggan, testified that nine more holes won’t open until next year.

“I think in maybe a week everything will be done – on that side,” Gee said, adding that the last hurdle at the opening would be when the city issues one more permit for the clubhouse. .

Lawyer Tim Barnes, representing two owners who sued Gee and his companies in 2014 for closing the course, argues that the ALCR violated Campagnolo’s order and wants Agne to impose at least enough punishment for a special master can supervise and direct the restoration. He will have one last chance to persuade Agne in a memoir expected later this month.

But Maynard tore up Barnes’ original argument, starting with his claim that the current state of the course “reduced the value of neighboring homes that older people had invested in to ensure a secure retirement.”

Maynard replied, “This is not a retirement community and the plaintiffs have not sued for loss of value on their property.”

He said that until February his client could have filed for bankruptcy “or not pay taxes and let the county take back the property”, but instead paid more than $ 1.1 million in taxes. property and penalties and has invested nearly $ 460,000 in pre-construction and construction. job.

He also noted that the course declarer’s rights give the course owner the “right to redesign or reconfigure the golf courses on the property or to remove, modify, alter, relocate, replace, enlarge, abandon, demolish, cease to use or rebuild any of the improvements or facilities associated with the use of the property for golf courses.

Gee testified that the lodge will be similar to field offices on a construction site and that golf carts will not be permitted.

Maynard also cited at length the 2018 decision of Superior Court Judge John Hannah who ordered the course to be restored, saying Hannah “found that the plaintiffs were going too far, just as they are doing now.

“He found what the plaintiffs wanted was both ‘too ambitious and premature’,” Maynard wrote, telling Agne that “the same conclusion should be reached by” her.

“The complainants complain that the ALCR does not plan to restore all amenities; however, the applicants fail to say what amenities are required by the 1992 CC&R from which the beneficial owners derive their reasonable expectations. They complain that only one bridge, not two, is being built over hole 5, that the greens do not meet USGA specifications, that not all lakes will be filled, and that there will be no golf carts. Nothing in the 1992 CC&R requires this equipment.

Maynard also accused Barnes of “harassment”, saying his patrons “want the golf course to be beautiful and successful.”

“The ALCR is well ahead of the court-ordered schedule to be operational, but it is not good enough for the plaintiffs. They are more interested in trying to put money in their pockets and charge their legal fees, ”he wrote.

“ALCR knows what to do and does it,” he continued. “The ALCR must have the possibility of restoring the golf course. How it should be operated is for another day.