Date set for mediation on how to handle the golf course.
Residents of Walden Lake passed around information that a hearing had been scheduled concerning a court case between the City of Plant City and the owner of the former golf course property in Walden Lake. The purpose of the hearing was, “Plaintiff Walden Lake, LLC. and Defendant, City of Plant City, jointly file this motion to amend the case management order and continue the scheduled non-jury trial in order to complete mediation with Walden Lake Community Association, potential settlement discussions, and related due diligence.”
Six Walden Lake residents showed up early for the 10:15 a.m. hearing at the Plant City Courthouse. However, the doors to Courtroom 1 were closed and locked past 10:15. What didn’t get around to some residents is the proceeding was a Zoom hearing, and no one was expected to appear in the courtroom.
“The average person, not being involved in lawsuits isn’t familiar with all of that, so they assumed it was actually going to be held at the courthouse, which I would prefer,” Harley Herman, attorney for Save Walden Lake, Inc., said. “But what I feared would happen when they started doing Zoom hearings during Covid is the judges would discover they actually liked it, and it was actually efficient. It has now become fairly standard that, unless it is a long hearing with extensive evidence, it is going to be a Zoom hearing. The notice of hearing document did say Zoom. When you go on judge procedures for a hearing of this length, you are actually required to do it that way.”
The doors remained locked until someone used a call box to speak with the assistant to the presiding judge, the Honorable Michael Williams. The judge graciously allowed the doors to be opened by the bailiff. The Walden Lake residents entered the courtroom midway through the discussion. From courtroom seating, it was difficult to hear the attorneys over Zoom. However, at the conclusion of the hearing, Judge Williams took the time to explain to the group what happened.
Judge Williams ruled for a firm date since the case has been in the works for so long. However, due to conflicts in the schedules of attorneys, the date set for mediation was September 18. “Mediation and trying to resolve a case through settlement, particularly one of this type, is always difficult,” Herman said. “But if you never sit down you are never going to accomplish that. What we were able to do is to get the judge to set a firm date for the resumption of mediation. It’s moving the case along.”
“We look forward to the mediation, which will include the Walden Lake Community Association Board of Directors,” City Attorney Kenneth Buchman said.
The judge agreed the September 18 mediation date was too close to the original trial date for attorneys to be able to adequately prepare. Therefore, should mediation not resolve the case, the trial date was moved to December 8.
The Walden Lake development began with two privately-owned golf courses in the midst of 2200 houses. However, the golf courses’ 450 acres became run down, lost business, and eventually the owner filed for bankruptcy. The course has been closed for 13 years. According to Herman, two lawsuits concerning the golf course were initiated previously, one in 2008, and one in 2015. “The underlying issue is always the same,” he said. “Can the owner of the golf course develop a part of the property? So, here we are the third time around. The ultimate answer is what is going to be done with the property. And if that gets worked out differently than the way the lawsuit originally set it out, then, at least, it gives the community some certainty. This has been a complicated matter that I have dealt with for over a decade. Hopefully, this time around, we reach a finality where at least the residents know the direction this is going, and it goes in a direction that is beneficial to the community.”
