article for UCO Reporter

THE CHALLENGE TO REDEVELOPMENT OF THE GOLF COURSE

[as of November 4, 2013]

As you all may know by now, Fairways LLC filed an application for Century Village’s Development Order Abandonment to remove the golf course from Plat #14 and rezoning the subject property and approving redevelopment of the golf course for commercial uses and multi-family dwelling units.

On January 26, 2012, the Palm Beach Board of County Commissioners conducted a public hearing and “deadlocked” when a motion to approve the applications failed 3-3.

At a second public hearing, on October 25, 2012, the Palm Beach Board of County Commissioners once again “deadlocked” 3-3 and failed to receive a majority vote required to approve the applications.

At yet a third hearing, held on January 24, 2013 the Palm Beach Board of County Commissioners again for a third time “deadlocked” 3-3 and  failed to receive a majority vote to approve the applications.

After an intense lobbying effort by Fairways LLC, including a letter to use only trade union labor during redevelopment, on February 28, 2013, a slim one vote majority (4-3) of the Palm Beach Board of County Commissioners, voted to approve both the removal of the golf course (which was to be a golf course “in perpetuity”) from Plat #14 and rezone the golf course for commercial uses and multi-family dwelling units.

On March 28, 2013, a challenge to Palm Beach County’s approval of Fairways, LLC conversion of the Century Village golf course was filed in the Circuit Court. The case was assigned to Judge Brunson. 

Fairways LLC and Palm Beach County then filed a motion to dismiss the case. Judge Brunson heard the motion and issued an order on May 17, 2013 requiring petitioners to amend the challenge to seek judicial review as an appeal.

The appeal was filed on June 5, 2013. On August 13th, the challenge was assigned to a three judge appellate panel of the Circuit Court.  Instead of 1 judge, the challenge will now be considered by a panel of 3 judges. 

As requested by the Court, the County approvals were filed with the court to review and consider, along with the Board of County Commissioners transcripts. The Court reviewed the petition and exhibits for sufficiency.

On September 13^th issued an Order to Show Cause within 30 days why the approval should not be reversed to Palm Beach County and Fairways. 

On October 10, Fairways and the County asked for a 30 day extension of time until November 14th to file a Response.

The challengers will then have 20 days to file a Reply.

The three judge panel will then either rule based on the written filings or request that counsel appear for oral argument in order to answer any questions the judges may have during oral arguments.

Ralf Brookes, Attorney for the Plaintiffs

[Note:  The lawsuit was originally filed in the Circuit Court for the Fifteenth Judicial Circuit by Plaintiffs Southampton “C” Condominium Association, Philip & Barbara Shapkin, Franklin & Virginia Veglia and Sylvia Gerson vs. Defendants Fairways LLC and Palm Beach County.]