By Terrance Thornton
The fate of the proposed revitalization of the Mountain Shadows Golf Resort now rests with Paradise Valley Town Council.
The Paradise Valley Planning Commission Sept. 24 voted to recommend the special-use application on file from Crown Realty & Development, but added 105 stipulations of their own.
Meanwhile a lawsuit has been threatened by residents of Mountain Shadows East claiming that any SUP approved by the municipality will result in a devaluation of the surrounding homes and violate private property rights, according to a Sept. 20 letter submitted to the Town of Paradise Valley.
Thomas Irvine of the law firm Polsinelli Shughart is representing the Mountain Shadows East Homeowners Association in the matter.
The petition presented to the town claims the homeowners have inalienable rights granted to them through property deeds and plat plans through what is known as Proposition 207 or ARS 12-134.
The HOA contends approving an SUP on the proposed property will alter existing rights to use, divide or possess private property owned by individual homeowners, the legal petition states.