Mizner Trail, A Florida Golf Course Sues County For $38.5 Million
Mizner Trail Golf Club has filed a $38.5 million lawsuit against Palm Beach County.
The suit, filed with the 15th District Circuit court, alleges that in denial of Mizner's application to build luxury town homes on the Mizner Trail Golf Course in Florida, the county acted "in an unreasonable, arbitrary and capricious manner against Mizner Trail."
The suit, signed by Florida golf course principal Philip "Dutch" Bliss, also alleges separate violations of both the Florida and US constitutions related to property rights, and the right to due process.
On Feb. 23, the county unanimously rejected plans for 202 luxury townhouses on holes three through eight of the southern Mizner Trail Golf Course in Boca Del Mar Florida, a 35-year old and 30,000 plus household development that straddles the Florida Turnpike west of Boca Raton.
This week's litigation alleges that the county's denial amounts to "a regulatory taking of Mizner's property and vested rights."
Opponents of Mizner's development proposal convinced the county that the Mizner Trail Golf Course was part of the "general development characteristics" of the overall Boca Del Mar development - and therefore should not be built upon.
Further, and in the words of the then county Senior Site Planner Eric McClellan, the golf course was a "a firm and wholistic part of the community," and therefore development as other than a golf course could be denied under the county code on that basis. (McClellan has since left county employ and is working in the private sector).
The lawsuit alleges that Mizner Trail has an inherent right to build the luxury town homes because the property is properly zoned for that purpose, that more than a sufficient number of residential units approved in the original development plan remain unbuilt, and that the golf course itself was never established in perpetuity as a golf course.
The suit also says that Florida golf course Mizner "purchased the property in 1998, with the expectation that it would be used as a golf course temporarily and that the property ultimately would be developed residentially."
The suit also claims that "using the property as a Florida golf course is no longer an economically viable use or an economically reasonable use, and has not been for several years, at least since 2002."
The Plan
For the better part of three years, the proposed development of, initially, nearly 500, whittled down to 390, then down to 236, and finally down to 202 luxury homes ($500,000 and up) at the Mizner Trail Golf Course has been an on-going battle between some residents who oppose the development, and later both the County Zoning Commission and the Board of County Commissioners.
Acting on what this week's lawsuit alleges, the failure to get the luxury home development approved eventually resulted in Mizner saying it was losing too much money operating the Florida golf course, and the course was closed Oct. 1 of last year.
Mizner's plan is to sell one third of the southern Florida golf course. Upon that land --- six holes of the current course --- the plan called for construction of 202 luxury town houses. The remaining 12 holes would then be reconfigured into an executive 18-hole course. The plan also included a new deed covenant that for all practical purposes Mizner said prevented the remaining 67 percent of the land from ever being developed.
The zoning commission voted 4-3 in January that the application should move forward to the County Commission, but with a recommendation for denial. County Commissioners in February unanimously agreed with that recommendation and voted unanimously for denial.
This weeks' litigation seeking monetary damages precedes an action filed in early April asking the court to just overturn the denial.
In a show cause order following the original suit, Palm Beach County 15th Circuit Court Judge Edward Fine said he believed the county's denial "shows a preliminary basis" for being overturned.
The Florida golf course's litigation seeking monetary damages was subsequently filed.
The Palm Beach County attorney's office has declined comment on the lorida golf course.
The suit, filed with the 15th District Circuit court, alleges that in denial of Mizner's application to build luxury town homes on the Mizner Trail Golf Course in Florida, the county acted "in an unreasonable, arbitrary and capricious manner against Mizner Trail."
The suit, signed by Florida golf course principal Philip "Dutch" Bliss, also alleges separate violations of both the Florida and US constitutions related to property rights, and the right to due process.
On Feb. 23, the county unanimously rejected plans for 202 luxury townhouses on holes three through eight of the southern Mizner Trail Golf Course in Boca Del Mar Florida, a 35-year old and 30,000 plus household development that straddles the Florida Turnpike west of Boca Raton.
This week's litigation alleges that the county's denial amounts to "a regulatory taking of Mizner's property and vested rights."
Opponents of Mizner's development proposal convinced the county that the Mizner Trail Golf Course was part of the "general development characteristics" of the overall Boca Del Mar development - and therefore should not be built upon.
Further, and in the words of the then county Senior Site Planner Eric McClellan, the golf course was a "a firm and wholistic part of the community," and therefore development as other than a golf course could be denied under the county code on that basis. (McClellan has since left county employ and is working in the private sector).
The lawsuit alleges that Mizner Trail has an inherent right to build the luxury town homes because the property is properly zoned for that purpose, that more than a sufficient number of residential units approved in the original development plan remain unbuilt, and that the golf course itself was never established in perpetuity as a golf course.
The suit also says that Florida golf course Mizner "purchased the property in 1998, with the expectation that it would be used as a golf course temporarily and that the property ultimately would be developed residentially."
The suit also claims that "using the property as a Florida golf course is no longer an economically viable use or an economically reasonable use, and has not been for several years, at least since 2002."
The Plan
For the better part of three years, the proposed development of, initially, nearly 500, whittled down to 390, then down to 236, and finally down to 202 luxury homes ($500,000 and up) at the Mizner Trail Golf Course has been an on-going battle between some residents who oppose the development, and later both the County Zoning Commission and the Board of County Commissioners.
Acting on what this week's lawsuit alleges, the failure to get the luxury home development approved eventually resulted in Mizner saying it was losing too much money operating the Florida golf course, and the course was closed Oct. 1 of last year.
Mizner's plan is to sell one third of the southern Florida golf course. Upon that land --- six holes of the current course --- the plan called for construction of 202 luxury town houses. The remaining 12 holes would then be reconfigured into an executive 18-hole course. The plan also included a new deed covenant that for all practical purposes Mizner said prevented the remaining 67 percent of the land from ever being developed.
The zoning commission voted 4-3 in January that the application should move forward to the County Commission, but with a recommendation for denial. County Commissioners in February unanimously agreed with that recommendation and voted unanimously for denial.
This weeks' litigation seeking monetary damages precedes an action filed in early April asking the court to just overturn the denial.
In a show cause order following the original suit, Palm Beach County 15th Circuit Court Judge Edward Fine said he believed the county's denial "shows a preliminary basis" for being overturned.
The Florida golf course's litigation seeking monetary damages was subsequently filed.
The Palm Beach County attorney's office has declined comment on the lorida golf course.
posted by John at
7:55 AM
1 Comments:
I live in the community to be impacted by this massive development... think of it, 200+ big houses in the same area as 6 golf holes. The traffic increase would totally disrupt the community. The schools in the area could not hold the large increase in students.
And as the article states, the community was designed around the gold course. This greedy developer knew all these issues when he bought the property, but tried to sneak this development upon us by questionable agreements with the area association.
He has gone out of his way to make the golf course unprofitable, by overpricing memberships and not encouraging neighborhool membership, for starters. Then he whines about losing money to the county.
It's all about greed. Luckily, we were able to band together and slow down, if not stop this land grab. Hopefully his big money won't buy him the permits he needs to shove this down our throats.
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Anonymous, at 3:22 PM
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