Visions Golf, LLC., the company that owns two 18-hole golf courses in Walden Lake, has made a motion to dismiss an amended complaint filed on June 15.
The plaintiffs who initiated the complaint include the Walden Lake Community Association (WLCA), the non-profit Walden Lake Community Preservation, Inc. (WLCP) and the following individuals: Bruce Garceau, George and Joanna Clifford and Michael and Deborah Wolfe.
The motion to dismiss was made by Visions Golf after the WLCA filed a complaint. This was done instead of the scheduled June 30 hearing.
According to Alice Huneycutt, the lawyer for Visions Golf, the plaintiffs do not have a basis for a claim, nor do any individuals.
“The Master Association has not been able to identify a contract,” Huneycutt said. “The claims are simply not well founded. The case should be dismissed.”
Huneycutt stated that individuals need to indicate entitlement in order to keep the golf course as such, but must have an agreement to do so. So far, no agreement has been brought forth.
“We’re not aware of anyone who has a claim,” Huneycutt said. “This lawsuit is about claiming that there are restrictive covenants.”
Huneycutt has also stated that the plaintiffs have not identified enforceable restrictive covenants that apply to the golf course.
Because the Master Association does not include any land that belongs to the company, Visions Golf is claiming that the Master Association does not have any rights. Because the WLCP is not a property owner, Visions Golf has stated that the WLCP also does not have a basis for a claim.
The lawsuit is still pending, and both sides are now awaiting a date for a court hearing. More updates will be made to this story as details become available.
Contact Emily Topper at etopper@plantcityobserver.com.