Badlands update: last week, a District Court judge admonished Bob and Nancy Peccole in their lawsuit against development of the now-closed Badlands golf course. They were ordered to pay the developer over $80,000 for the developer’s legal fees. Some excerpts from the judge’s order:
- “It was a misrepresentation by Plaintiffs to claim the land not subject to annexation or easement is impacted by the CC&R’s of the adjacent Queensridge CIC, when CC&Rs have no applicability to such land.” (paragraph 6 on p. 3)
- “The Court therefore finds that the terms, conditions and restrictions of the Queensridge Master Declaration do not apply to the Golf Course land and cannot be enforced against the Golf Course land.” (Paragraph 26 on p. 8)
- “Developer defendants have the right to develop the Golf Course land.” (paragraph 35 on p. 11)
- “The Court finds that the Motions appear to be part of a long line of attempts to delay Developer Defendants’ development of their land, with the hope that such delays – and the negative publicity generated by the lies – will deter the City in approving just, reasonable, and appropriate zoning applications, and to financially burden Defendats with litigation costs.” (paragraph 68 on p. 19)
You can download and read the entire order here: 20170120 – FFCL Findings Fact Conclusions Law Order.
As always, my highest priority as Councilman is to protect the City’s taxpayers from having to pay out money as a result of Queensridge-Badlands litigation. The largest looming threat would be a “forced condemnation” where the city denies existing development rights that have been granted by previous city councils. You can read more about the concept of “inverse condemnation here.