In a hearing held on December 16, 2015, Judge Angela Dempsey dissolved an injunction that required Barton Tuck, the owner of the Killearn Golf & Country Club, to maintain the north nine holes of the 27-hole golf course until the legal process sorting out various claims was complete .
Judge Dempsey wrote, “there has been significant change in the facts since the Injunction was entered and further finds that the Plaintiff no longer has a substantial likelihood of success on the waiver claim that was before Judge Hankinson.” The complete order can read here.
The ruling, which was formalized on December 29th, 2015, means that Mr. Tuck no longer has to maintain the “North Course”.
On January 12, 2016, in a letter to country club members, Mr. Tuck announced the closing of the North Course.
Mr. Tuck wrote, “I am very pleased to announce that after over a year in court battles we will be closing the North Course.”
He added, “Moving forward, for Killearn to truly win and be a private club we all can be proud of, we will need everyone’s support when we file the redevelopment plan for rezoning…We hope to start providing you with more information as it comes available.”
The full letter can be read here.
Also, on January 8th, 2016, Ms. Claire Duchemin, the lawyer representing a number of Killearn homeowners, notified interested parties that her clients were ending their legal fight. She wrote;
As you know, on December 16, 2015, Judge Dempsey dissolved the injunction that had been forcing Mr. Tuck to “maintain” the north nine holes of the golf course. The written order was entered by the court on December 29th. After much discussion with fellow like-minded members of the club, and after much consideration of the impacts on all of us as residents along the north course, I have decided not to appeal the judge’s decision or even seek rehearing on the decision. In fact, I am going to dismiss my separate lawsuit and focus my efforts to defeat this travesty on the issues in the class action suit and on the growth management and land use aspects of this case.
While there are still legal claims in court, it appears that the parameters of the proposed redevelopment for Killearn Country Club will ultimately be resolved through the political process of rezoning.
TR will have more on the players and potential outcomes of such a process in the near future.