One of our neighbors, Laura Latt, sent in this interesting comment. Posted with her permission.
|Questions or comments?||I realize the main goal is to stop the rezoning of the golf course. But, can that stop these new owners from letting the golf course go until they get their way.
I found a case where they discuss Implied Restrictive Covenant where no written agreement exists between the homeowners and the golf course. When various easements and restrictions are placed on homeowners because of the golf course then it can be legally viewed as an Implied Restrictive Covenant and the golf course has to continue operating as a golf course
The courts will also look at how the properties were advertised at the time they were sold to determine if an implied restrictive covenant exists. Was the golf course used to lure buyers or the golf course was there for their benefit?
One advertisement I found for Country Club Park Subdivision states ” Live on a Golf Course
Just thought this was interesting and wanted to share it with you