Walden Lake Community Association filed a new lawsuit against Visions Golf, LLC Wednesday, Aug. 26.
This was done after Visions Golf made a motion of dismissal on the original lawsuit in June. Alice Huneycutt, the lawyer representing Visions Golf, said that the plaintiffs didn’t have a basis for a claim.
In response, Harley Herman, the lawyer who is representing the WLCA, voluntarily dismissed the original lawsuit against Visions Golf. On that same day, Herman filed a new lawsuit that includes the Walden Lake Community Association, as well as homeowners Bruce Garceau, and George and Joanna Clifford, as plaintiffs.
Walden Lake Community Preservation Inc. was a plaintiff on the original lawsuit. It is not a plaintiff on the current lawsuit.
Filing another lawsuit is the least expensive option for the Walden Lake community, Herman said.
“It just wasn’t worth arguing over the little stuff,” Herman said.
Huneycutt has not officially responded to the new lawsuit, but she said that the plaintiffs in the new lawsuit still don’t have a claim to stop Visions Golf from rezoning one of the golf courses to be developed into homes.
“Visions Golf will likely file a motion to dismiss since the plaintiffs in the new lawsuit still fail to state a claim,” Huneycutt said in a statement.
Herman said that Visions Golf has about 20 days to respond to the new lawsuit. If they do make a motion to dismiss, which he is expecting, the lawsuit would most likely need a hearing.
“We’ve tried the best we can to avoid hearings,” he said.
Herman hopes for an injunction, which would call for a meeting between the two parties.
“The whole point of a planned community is that it’s part of a plan,” Herman said. “If we’re able to get an injunction … which are always difficult to get … then there’s at least a reason for Visions to sit down with the community. I never shut down the possibility of sitting down.”
Contact Emily Topper at etopper@plantcityobserver.com
LAWSUIT AND REZONING SUMMER RECAP
Since the summer began, a lawsuit against Visions Golf has gone through amended complaints, only to be dismissed. A new lawsuit was filed with different plaintiffs. Below is a timeline of key dates in summer 2015 related to the rezoning and lawsuits.
June 15: Visions Golf filed a motion for dismissal of an amended complaint
July 1: Hillsborough County Planning Commission found proposed plans for development to be inconsistent with City of Plant City’s comprehensive plan.
Aug. 15: Walden Lake Golf & Country Club Grill hosted soft opening under leadership of new manager Lynn Archibald.
Aug. 26: Harley Herman filed a dismissal of original lawsuit
Aug. 26: Harley Herman filed a new lawsuit with the WLCA as the primary plaintiff.
Aug. 28: Visions Golf filed a motion for attorneys’ fees
