The Vero Beach, Fla., company sued resident associations in 2008, looking to use the golf course for other purposes. A previous court decision ruled that Vista Golf cannot be compelled to continuously operate the 166-acre property as a 27-hole golf course.
A jury selected on August 27 will determine if land on the Vista golf course in Indian River, Fla., can be used for other purposes, such as more condominiums, TC Palm reported.
Course owner Vista Golf LLC of Vero Beach, Fla., sued the resident associations in 2008, looking to allow the course land to be used for other purposes. The associations disapproved of the proposal, TC Palm reported.
Vista Golf contends that the requirement to maintain the land as a 27-hole course constitutes undue oppression, according to the lawsuit.
Vista Golf LLC bought the course for $2.4 million in 2006 during a foreclosure sale. The owners include Charles Sullivan Jr., and his father Charles Sullivan, both attorneys in Vero Beach, TC Palm reported.
The Indian River County Commission mowed the land and billed its owners after it fell into disuse. Vista Golf leased 18 holes of the course to American Golf Club, which has been operating since November 11, 2011 under the name Lynx at Vista. The other nine holes, which were sold to American Golf Club for $200,000, are not being used as a golf course, TC Palm reported.
Due to the lease and sale, American Golf Club is a third-party defendant in the lawsuit.
In a previous decision, trial Circuit Judge Cynthia Cox agreed with Vista Golf that that company can’t be compelled to continuously operate the 166-acre course as a 27-hole golf course, TC Palm reported.
It remains unsettled, however, whether the property can be used only as a golf course or if it can be sold off in parts to others, said attorney David Earle, who represents the Vista Royale Condominium Association.
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