Gleneagle golf course must reopen by March 1
August 27, 2008 · Updated 4:45 PM
EVERETT The Gleneagle Homeowners Association won another contest against developer George Brown in court last week.
Brown has threatened to build 250 more houses in the golf community in south Arlington, scaling the course down to an executive course, and then he closed the golf course for the winter. The driving range has been closed for two years, and the putting green is not being maintained, said homeowner association president Jack Shouman.
We packed the courthouse, he said. And won the case.
He has until March 1 to open the golf course and repair the driving range, Shouman added.
The judge told Brown that he must maintain the golf course year around including the putting range, reopen the driving range and manage the clubhouse comparable to other public golf courses in the region.
The judge ruled in favor of the homeowners in all points, Shouman said.
Since Virginia Hatch was the last person to buy her house directly from Browns company, she was called to testify.
I showed them the brochure that advertised the house and the lot as part of a golfing community, Hatch said adding all new homeowners in Gleneagle since then have purchased from builders or former owners.
This is the associations third trip to court to defend their life style from Brown.
First we had to sue to get control of the board, Hatch said adding at that time the five-member board was comprised of three members appointed by Brown.
The second lawsuit was to get Brown and his management company to pay for maintaining odd spaces around the development, such as the entrances.
He claimed it wasnt his responsibility and that the homeowners should collect fees to cover those costs, Hatch said noting that all changed once they got control of the board.
Hatch doesnt think there would be any loopholes for Brown to appeal on this last case.
The judge ruled very clearly and explained his position for 20 minutes.
Its a classic case of bate and switch, she said.
Even if Brown went back to the city to change his plans for the development, it would be hard to imagine that the City Council would change the rules on the homeowners here.