Federal Judge Richard Boulware grants Silverstone Ranch preliminary injunction
LAS VEGAS, NEVADA – The homeowner plaintiffs and Silverstone Ranch Community Association secured a preliminary injunction last night from Federal Judge Richard Boulware requiring defendants Desert Lifestyles and Western Golf Properties to maintain the Silverstone Ranch golf course as a golf course.

 

IN granting the preliminary injunction, the court found that:

  • The defendants took deliberate acts to turn off the water and if they had not turned off the water to the golf course, the destruction to the golf course would not have occurred.
  • Defendants had actual knowledge of the state court TRO on 9/8/15 and took no steps to comply with TRO and restrictive easement requiring the golf course to be maintained as a gold course
  • Now at least 70% of the golf course is dead.
  • Plaintiffs have suffered nuisance and property value losses.
  • Plaintiffs have a likelihood of success on merits
  • Defendants pose of risk of insolvency – especially Desert Lifestyles
  • Plaintiff have suffered Irreparable harm – loss of home values and quiet enjoyment of homes and property
  • Damages cannot be calculated
  • Balance of Equities weighs in favor of plaintiffs
  • Defendants are not an innocent party – willful noncompliance with state court TRO and golf course agreement
  • Maintaining golf course required
  • $20,000 bond required to be posted by plaintiffs
  • Both parties must submit a restoration proposal by December 1 and there will be a hearing on restoration of the golf course on December 17

 

Please contact the Plaintiff homeowners’ attorney Erika Pike Turner with Garman Turner Gordon for further details. Her cell phone number Is (702) 324-7050.

 

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