Today the Florida First District Court of Appeal, after hearing oral arguments, denied an appeal filed by Jorge Piekarewicz and J. D. Rayburn and affirmed a lower court decision made in favor of Killearn Golf Course owner Barton Tuck.
The decision affirmed a ruling made by Leon County Circuit Court Judge James O. Shelfer.
The appellants have the right to appeal to the Florida Supreme Court.
The case before the First District Court of Appeal sought to advance a legal argument that would keep any of the property originally zoned for golf from being used as anything other than a golf course.
The owner of the golf course, Barton Tuck, had previously received a rezoning decision from the Tallahassee City Commission which allowed for a residential development on golf course property.
Sources indicate that the decision by the First DCA will allow parties to the development agreement to moved forward with their plans.
Previously, sources have told TR the legal controversies related to the rezoning and the development put a hold on any attempts to revitalize the facilities of a golf club that has deteriorated over the last two years.
This is a breaking story, check back for updates.