Arizona Biltmore Adobe Course (1929, Wm P. Bell) litigation update

[Steve_ Shaffer]

During the renovation project, which began in June, crews removed the course’s 9th hole; created a new par-3 4th hole over an existing lake; constructed a new 18th green complex (south of the former 18th green); and added 12 new tee boxes. The enhanced 9th hole (the former 8th hole) now plays as a 500+ yard par 5. In addition, a total of 27 bunkers were reshaped, relined and filled with new sand, and six bunkers were eliminated. Cart paths around the 90-year-old golf course were also replaced.





https://azbiltmoregc.com/adobe-course-reopens-following-overseed-and-course-renovation-project/

[Mark Smolens]

When we moved to Phoenix when I was in 2nd grade, I used to caddy for my Dad on Saturday mornings, pulling his clubs around Papago and the Biltmore for $1 and a cheeseburger. His buddy Mr. Gallagher gave me a dime for every ball I could find in the oleander bushes. Lots of great memories

[Ryan Farrow]

I thought the course was renovated 10-15 years ago. 

[Steve_ Shaffer]

Yes, Forrest Richardson did work there about 10 years ago. The new work was done to use some of the course for a new parking area and an event pavilion. There was litigation started by homeowners:


https://www.azcentral.com/picture-gallery/news/local/phoenix/2019/08/31/biltmore-area-hoa-suing-over-golf-course-construction-neighborhood/2172131001/


https://www.azcentral.com/story/news/local/phoenix/2019/08/31/development-biltmore-golf-courses-phoenix-spurs-lawsuits/2122736001/

[Steve_ Shaffer]

Update:


A lingering dispute over construction and non-golf entertainment activities in one of Arizona's wealthiest neighborhoods has turned increasingly sour,with roughly two dozen homeowners and related entities such as family trusts now facing a lawsuit by the owners of two golf courses near the Arizona Biltmore resort.
JDM Golf, which owns the Adobe and Links courses that wind among multimillion-dollar homes near the Biltmore in Phoenix, in April sued the homeowners and related family trusts and limited liability companies. The suit details seven allegations, ranging from breach of contract to invasion of privacy and defamation, though not all defendants were sued on each count.
The homeowners claim their criticism of JDM's plans to expand non-golf activities, such as weddings, corporate conferences, kickball tournaments and drone light shows, is protected by the First Amendment. They also hope to find support from an Arizona law that aims to expedite dismissal of legal actions brought by developers and other deep-pocket interests against homeowners and others who exercise their right to air grievances.
"They're targeting the people who have spoken out at hearings, commented on it or written about it," said Richard Arroyo, president of a Biltmore homeowners association, literally moments before he was told to leave a small restaurant run by the golf courses while speaking with a reporter. "They're looking for ways to punish me as if it's a personal campaign.
]Jo Anne Rosensteel, another homeowner named in the lawsuit, fears she could "lose everything" just by taking a stand. "I've done nothing malicious to them at all but voice my opinion that I'm not in favor of this," she said.
]The legal action, actually a countersuit to a suit brought by a homeowner against the company, asserts that JDM has suffered actual harm and seeks unspecified damages, including attorney expenses.
JDM is a business unit of JDM Partners, owned by sports celebrity Jerry Colangelo and developers David Eaton and Mel Shultz, the latter of whom also lives in the Biltmore neighborhood. Colangelo is one of the Valley's most recognizable business figures from his tenure as the former chairman and CEO of the Phoenix Suns and Arizona Diamondbacks. JDM bought the golf courses in December 2009 in bankruptcy court.JDM Partners didn't respond to specific questions for this article, or comment on the litigation, but it issued a statement asserting that "a small group of Biltmore residents sued JDM Partners to prevent JDM from building a new clubhouse and improving the parking situation" at the courses]"JDM is countersuing the group, under the same lawsuit, in an effort to defend itself," the statement said.
One area resident who has brought suit against the proposed changes was Michael Ahearn, the former CEO and current chairman of First Solar, one of Arizona's most valuable corporations.
The JDM countersuit filed in April contends the company is seeking mainly to construct more parking spaces in an already-congested area. But the homeowners say the real issue is a planned 6,000-square-foot events center — a "party pavilion," as Arroyo put it — that they fear will bring more visitors, congestion, noise and litter to the neighborhood.
JDM's suit did cite the need to construct a permanent, updated restaurant and clubhouse facility, without specifying the size of the structure or other details.
The two sides also are battling over a Phoenix zoning interpretation that, homeowners say, was decided largely in their favor by mostly restricting non-golf activities to indoor events conducted with sensitivity to nearby residents. The zoning dispute could be settled in September when the Phoenix Board of Adjustment is scheduled to examine an appeal filed by JDM.
The JDM lawsuit makes seven complaints against the homeowners, their trusts and LLCs and HOA. The homeowners' attorney described these actions as largely centered around First Amendment issues.
"Every one of us feels intimidated," said Arroyo, of the claims filed against him and other residents. "You never expect as a private citizen that testifying at a local (zoning) hearing would make you a target."
The two Biltmore courses have a long history and are among the most visible golf venues in the state. Built by chewing-gum magnate William Wrigley Jr. starting in the late 1920s, they have hosted rounds of golf played by presidents and movie stars.


JDM's plan to generate more revenue from non-golf activities and build more event facilities and parking spaces could change things dramatically, homeowners fear. It's not what residents expected when they bought expensive homes near the Biltmore resort, which isn't directly affiliated with the courses.
Prior lawsuits filed by homeowners, including Ahearn and fellow residents Peter and Sandra Jouflas, assert that some of the proposed changes, including an increase in weddings and corporate events, would violate legal restrictions that have been in place for years.
They assert that JDM is subject to covenants, conditions and restrictions to which the courses' prior owner, Kabuto Arizona Properties, agreed in 2003, in exchange for permission to develop more than 100 high-end condominiums along the courses.
That document "narrowly and appropriately restricts the activities that may occur on the golf courses," according to the Ahearn complaint.


https://www.azcentral.com/story/money/real-estate/2020/06/04/battle-intensifies-between-biltmore-golf-courses-residents-over-construction-plan/5269986002/




I copied the article because it's only available to subscribers.  Here's a pic from a high end  condo view that will be a parking lot if JDM wins.

[Forrest Richardson]

This really is a shame. On all fronts...not only the changes to the historic course, but battling with neighbors instead of finding a solution that works for everyone.