Injunction hearings will be held in July.
Judge Laurel M. Lee, of the 13th Judicial Circuit Court, ruled in the Walden Lake Community Association's favor regarding a motion to dismiss claim filed by Visions Golf LLC.
In September 2015, Visions Golf, the company that owns the two 18-hole golf courses in the Walden Lake community, filed a motion to dismiss a new lawsuit filed by the WLCA. Currently, Visions is trying to get portions of the golf course in the community rezoned for residential development.
After a court hearing on April 1, Lee ruled Friday, May 13, against the motion to dismiss, citing that the WLCA has the right to pursue its claims.
"The ruling is significant because the judge … cited many cases that we had cited," Harley Herman, the attorney for the WLCA, said.
Though Lee denied Visions Golf's motion to dismiss and ruled in favor of the association, she approved a separate motion to dismiss of an alternative, class action certification. While the WLCA claimed it was not subject to certain requirements in seeking to represent its members, Lee ruled the WLCA was technically correct, but that such representation without requirements can only be done in a general manner. Because of the specificity of the class action suit, Lee ruled that the WLCA would be subject to requirements and ruled in favor of Visions' motion to dismiss.
While the WLCA may file an amended complaint on the class action suit, Herman said it's likely the WLCA will not pursue the class action suit because it was ruled the WLCA has a right to the lawsuit on behalf of the community. Because of this ruling, Herman said, pursuing a separate class action lawsuit becomes unnecessary.
Steve Mercer, of Visions Golf, later responded to Lee's ruling.
"In considering the motion to dismiss, Judge Lee was required to assume that the facts stated by the WLCA were true
and that no other facts could be considered," Mercer said. "Visions will be filing an answer disputing the facts and claims of (the) WLCA … The case is still in the early stages, and Visions is confident that it will be successful in the lawsuit."
Mercer also said many of the issues Visions initially raised in the court hearing will be considered again by Lee either on a motion for summary judgment or trial.
The April court hearing was one of the first major hearings in the dispute between Walden Lake and Visions. At 9 a.m. on July 13 and July 15, injunction hearings are set for Visions' rezoning request. The hearings will take place at the Plant City Courthouse, 302 N. Michigan Ave.
Additionally, Visions Golf will be making a presentation to the City of Plant City's Planning Board at 6 p.m. Thursday, June 16, regarding the rezoning. The meeting will take place at the Trinkle Center on the Hillsborough Community College campus, 1206 N. Park Road in Plant City.
Members of the Walden Lake community have expressed both their support and opposition to the proposed rezoning.
Contact Emily Topper at etopper@plantcityobserver.com.
