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Arizona appeals court orders developer to restore Ahwatukee golf course

Posted at 5:23 PM, Sep 20, 2019
and last updated 2019-09-20 20:22:59-04

AHWATUKEE, AZ — The Arizona Court of Appeals ruled in favor of two Ahwatukee homeowners who have been trying to stop a developer and his partners from turning the Ahwatukee Lakes Golf Club into homes.

The court battle began in 2014 when Linda Swain and Eileen Breslin filed suit. Their homes border the golf course.

The developer closed The Lakes in 2013. He had the irrigation system removed, cut down trees, and for a time, a chain-link fence lined the perimeter. A fire burned down the clubhouse. Over time, the golf club has slowly turned back into the desert from which it came.

The women successfully argued the golf course is legally protected by deed restrictions and must be maintained. In its opinion, the Appeals Court wrote, "Bixby and its successor, TTLC, have replaced Swain’s and Breslin’s views of grass and lakes with a barren stench-filled "wasteland" of overgrown weeds ringed by a chain-link fence. And no remedy but an injunction will protect Swain and Breslin from the continuation of this harm."

Judy Wade and her husband, Bill Baker, are part of the community group Save the Lakes. They live in one of the planned communities, which make up the area surrounding the golf course.

"I am thrilled that something is going to be done to restore this course," Wade said. But neither she nor her husband thinks the legal battle is over.

"I think there is more to come. I don't know what, but there's going to be more legal wrangling," Baker says, "We just keep our fingers crossed and hope for the best."

What happens next will depend on the developer Wilson Gee. ABC15 was unable to contact him for comment. His attorney, Daniel Maynard, was out of town and unavailable for comment.