By Paul Maryniak | Ahwatukee Foothills News
The court got it wrong.
That’s what lawyers for The True Life Companies and Wilson Gee told the Arizona Supreme Court in appeal the decision rendered by the state Court of Appeals in the lawsuit by two Ahwatukee Lakes homeowners who want the golf course restored.
“The Court of Appeals misconstrued the plain meaning of the CC&Rs that permitted the owner of the property to cease operating a golf course on the property when the CC&Rs provide that the property owner could ‘abandon, demolish cease the use of’ any golf-related activities on the 101-acre site, lawyers said.
In their appeal, attorneys Daniel Maynard and Douglas Erickson said the Covenants, Conditions & Restrictions governing the course are “restrictive” rather than “affirmative” – meaning that they prevent the land from being used for a purpose other than golf.
