Last night the BCC voted 5-0 to accept the Planning Commissions rejection of the Land Use Change Study on the Ravines represented by the PERSONAL ATTORNEY of the Bankruptcy Trustee for Jacksonville Golf & Learning Center, and Ravineland Inc.
With that decision the attempt to entice a developer at the Jan 31st Auction to pay more then three times what that course is worth has failed. No idiot in their right minds are going to pay 5 million dollars for a course that needs at least a million dollar investment to bring it back into operation. As of todays date the attempt by the Bankruptcy Attorney to get rich off the Bankrupt Assets once belonging to Jacksonville Golf & Learning Center has dimmed considerably.
Isn't this a great Country where the Laws are set up so an Attorney Appointed by the Court can basically create his own wealth while unsecured creditors are just out of luck. Isn't it grand that Clay County is going to lose probably close to 100K in upaid Taxes yet the Bankruptcy Attorney gets a nice fat commission off the top if he can sell the people of this community out to a Developer. Isn't it grand that the Law allows him to engage Personal Counsel to be the front man for the Courts Business.
The BCC moved the item to second place in a two page agenda due to the sheer number of Citizens there for that specific item.
This was not my first time at a BCC meeting. Previous assaults on the integrity of the subdivision had taken me there before. This was however the first time I had chosen to speak. I am not a Public Speaker. I was an aspiring vocalist as a teenager with a few awards and and the honor of having been put into our National Archives in a "Who's Who among Music Students in American High Schools" I've sang in front of a few thousand people with no problems, Public Speaking I have never done. I had no speech prepared wanting only to address areas where my fellow residents may not have had the time, or to rebutt things from the PERSONAL ATTORNEY for the Bankruptcy Trustee. Wouldn't you know in the middle of it all I would lose my train of thought. The Commissioners were all very gracious about it and I think I lost about 15 seconds trying to find myself.
I won't go into everything I said, this isn't about me. I would however like to point out that I ended my comments by pointing out to the BCC that a great number of homeowners living in Deed Restricted Communities were paying attention to this issue. If they chose to let this move forward that it would take alot of those owners sitting on the fence about the Hometown Democracy Amendment off of the fence. The woman who spoke after me said it best, that it would become "The Poster Child for Hometown Democracy".
The real hero of that meeting was my Husband, Fred. Since the PERSONAL ATTORNEY for the Bankruptcy Trustee was given 7 minutes to make his case the BCC allowed our side one person to have the same amount of time and the rest of us got 3 minutes. Fred was armed with a fistful of Case Law, where in Civil Courts Judges have time and time again ruled on Covenants & Restrictions. Remember when Commissioner Bradley wrote me and told me the County Attorney said they have no obligation, no standing? These Civil Cases prove otherwise. The overall and repeated verbage in these cases are that where the Covenants and Restrictions are "clear and unambigious" that they cannot be violated by anyone. Fred only got a chance to point out one of those cases before Commissioner Bradley (who was acting Chairman last night) banged the gavel for a ten minute recess to find this case and review it. Speed reading must be a requirement for a Commissioner, how else could you absorb a 47page legal case in ten minutes.
Before the meeting took up again they informed Fred that they didn't need for him to say anymore. One of assistants to the County Attorney had a response that did not reveal all pertinent facts to that case, no surprise there.
The fact of the matter is that there are around 8-10 cases contained inside of the two samples Fred had chosen to point out. The fact of the matter is, that although the BCC could have chosen to go the other way and forced this issue into a Civil Court Proceeding they would lose. All of you out there living is similar communities need to realize and believe this. Fortunately for the residents of the Ravines, as well as all you taxpayers the BCC chose to do the right thing. These case law precedents allow for damages and Attorneys Fees when communities are forced into Civil Court over such issues. Bottom Line, your Covenants and Restrictions under the view of the Courts are binding to all.
The property is set for Auction next week, I do not believe it will sell and soon Bank of America will take possession and the next saga begins. It is supposed to be well over another year before any requests for study on Land Use Changes can be applied for. I still say if an application ever includes that Golf Course that the Planning Staff SHOULD have an obligation to reject the application itself. It is absurd that these people who are experts in their field don't do the simplest of things.........like determine if the request is legal. When Public Records and Docs are right there that say what they're asking for is illegal.
I would like to acknowledge the BCC for unamiously voting to do the right thing. I would especially like to Thank George Bush for his comments recognizing the rights of the Homeowners to be able to count on what they buy into. That wasn't their criteria for accepting the decision of the PC, but I know at least one Commissioner "gets it".
My next beef is that I believe the Clerk of Court or whoever is running herd on that Auction there should be a written and public disclosure that has to be signed by all applicants acknowledging the C&R's on that Golf Course, and that the PUD is built out in order to bid.