Court battle on overgrown Legacy Golf Club set for next week - FOX5 Vegas - KVVU

Court battle on overgrown Legacy Golf Club set for next week

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Neighbors were upset about the possibility of Legacy Golf Course closing for good. (FOX5) Neighbors were upset about the possibility of Legacy Golf Course closing for good. (FOX5)
HENDERSON, NV (FOX5) -

Homeowners have been asked to attend a court hearing that could decide whether the new owners of the now-closed Legacy Golf Club will be allowed to develop it into something new.

Two valley businessmen, Georges Maalouf and Eddie Haddad, purchased the property earlier this month and immediately closed down the course, without warning, on Independence Day. Since then, homeowners voiced concerns that their property values would plummet once the new owners decide to dismantle the golf course and create a "planned use development." 

A copy of the deed signed on December 26, 1988, indicates that the new owners may not have a choice but to either reopen the golf course or sell the property.

"THE REAL PROPERTY CONVEYED HEREBY IS SUBJECT TO THE FOLLOWING RESTRICTIVE COVENANT, WHICH SHALL RUN WITH THE LAND AND BE BINDING ... FOR FIFTY (50) YEARS, FROM AND AFTER THE RECORDATION OF THIS DEED. THE REAL PROPERTY DESCRIBED ON EXHIBIT "A" MAY ONLY BE DEVELOPED OR IMPROVED AS A GOLF COURSE, WITH CLUBHOUSE, DRIVING RANGE AND APPURTENANT, ANCILLARY OR COMPLEMENTARY IMPROVEMENTS AND USES PERMITTED."

FOX5 legal analyst Bob Massi said he expects the new owners will be fighting an uphill battle next week in court.

"I'm confused by this. I'm confused that ... I don't know what they paid for," he said. "They can argue some sort of technicality ... There's arguments on both sides, but that deed restriction is pretty strong. It says specifically it runs with the land for 50 years."

Thursday's hearing would begin the discussion on whether the new owners, known as Par Excellence Drive Trust, will be hit with a temporary restraining order and preliminary injunction.

"(It would) stop them from doing what they're doing, temporarily, until we have a full hearing on the merits of the case," Massi said. "They have a strong argument ... These buyers may have a problem."

Erika Pike Turner, a partner at Garman Turner Gordon, filed a complaint and motion for preliminary injunction on behalf of one of the many homeowner's associations in the area, the Grand Legacy Community Master Association.

Massi said he wouldn't recommend that the homeowners stop there.

"The homeowners need to get involved in this. They don't need just the association to hold up the torch for them," he said. "Especially the ones who live on the course ... How are they going to sell their house?"

Since the golf course was shut down, the new owners have agreed to water the property, but the greens and fairways have become overgrown. A spokesperson for the City of Henderson said Maalouf and Haddad aren't required the cut the grass, just keep it alive. A judge could theoretically increase those restrictions by next week.

"The association wants it to be maintained as a golf course which means maintain it as a golf course ... cut the grass, cut the greens, even though you're closed down," Massi said. "But I don't think the court's going to require them to go get the lawnmowers out."

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