By Paul Maryniak | Ahwatukee Foothills News
Club West Golf Course owner The Edge and Shea Homes last week renewed their request to a Superior Court judge to dismiss the Club West Conservancy’s effort to prevent houses from ever being built on the site.
The Conservancy contends that sales agreements signed with homeowners by UDC Homes, a previous homebuilder hShe acquired, promised an 18-hole championship course. The Conservancy, a group of homeowners opposed to homebuilding on the 162-acre site, also has alleged that UDC attracted buyers through advertising that touted the course.
In August, Superior Court Judge Timothy Thomason tossed the Conservancy’s first revised complaint and suggested he’d reconsider further proceedings if it amended its complaint to include the names of its members. Shea and The Edge argued the Conservancy had no standing to sue on behalf of homeowners.
The judge at the time also refused to cut Shea Homes loose from the litigation and declined the Edge’s request for an outright dismissal of the suit.
While the Conservancy amended its complaint with a list of 50 homeowners, both The Edge and Shea last week told the judge the revisions were insufficient.
