Save The Lakes is committed to making our community better by helping keep trash collected on Warner Road. (We welcome all volunteers from our ranks - our next "pick-up" event will be in early June.)
(Warner to Equestrian Trail section of the Warner-Elliot Loop)
Statement from Save the Lakes/Save Open Spaces April 23, 2017
Developers claim Golf Course “material change in…circumstances;” Judge sets Save the Lakes/Save Open Space trial for Oct. 23-25
Attorneys for developers seeking to turn The Ahwatukee Lakes Golf Course into a 300 unit, $100 million housing tract and make millions for themselves are now asking a judge to change CC&Rs that block the project, after Ahwatukee residents refused to give their permission.
In a telephone hearing Thursday (April 20), Judge John Hannah agreed both to hear the developers’ latest argument and to try the full case on which he ruled last year, now set for Oct. 23-25. Until the developers' latest pleading, the case had been set for June 12. Judge Hannah ruled against developer The True Life Companies last summer, declaring that the CC&Rs require that The Ahwatukee Lakes Golf Course be operated as a golf course. The point of the developers' latest pleading seems to be to ask the judge to reverse himself because of what True Life’s attorneys now claim to be a “material change in….circumstances.”
Save the Lakes/Save Open Space responded: “The only change in circumstances we see is that True Life failed to get the permission of 51 percent of Ahwatukee residents to change the CC&Rs. True Life lost their motion to dismiss the case when Judge Hannah ruled against them last year. Since they’ve also failed to earn our community’s support, True Life now looks to be asking the judge to rule against the community and change the CC&Rs, because the developers claim it will cost them too much to re-construct the Golf Course that the judge ordered be operated.”
Save the Lakes co-plaintiffs Linda Swain and Eileen Breslin said: “The delay of the trial is another test of our community’s patience. But it also indicates that our case remains strong. While we regret the further delay, we’re grateful for the signs that True Life appears to be reaching the true end of the road.” “We remain confident in our case and in our legal team. Most of all, we’re grateful that our community saw through True Life and its plan, which would produce more traffic jams, overcrowding, and more potential for flooding –- instead of a renewed golf course and open space.” “We are deeply grateful to our community for refusing to sign True Life’s petition, and for standing behind us in this effort to save the heart of Ahwatukee. We welcome and will very much appreciate our community’s further financial support, to help us win the case.” “Contributions may be sent to: Lakes Golf Course Legal Defense Fund c/o Timothy H. Barnes, P.C. 428 E. Thunderbird Road, #150 Phoenix, Arizona 85022 (602) 492-1528 (Direct) “
Issuing the statement on behalf of STL/SOS: Ben Holt, president; Jerry Bryan, vice president; and Deborah Karkosky, treasurer.