Judge tosses out agritourism case

Posted: Tuesday, June 26, 2012 9:09 am | Updated: 9:29 am, Fri Jun 29, 2012.
By Joel Metzger | 5 comments
Posted on June 26, 2012

United States District Court Judge Lawrence J. O’Neill dismissed an appeal filed by the former owners of Trinitas Golf Course Friday on the grounds they no longer own the property and the appeal is no longer a “live controversy.”

In their appeal, Mike and Michelle Nemee pleaded for a judicial declaration stating their golf course is permitted to operate as agritourism in an agricultural zone with fewer than 75 players on the course at any one time.

They also asked for the court to prevent the county of Calaveras from interfering with the Nemees’ operation of the olive farm and golf course. They additionally requested the county pay the legal costs of the suit.

Before the appeal was decided upon, the bank foreclosed on the Nemees’ property and sold it to Lance and Renee Dami, a Fresno couple who plan to move there and treat it as agricultural land.

“The Nemees argue that although the land has been sold, they retain an interest in this action because they can pursue monetary damages,” the judgment read.

While the Nemees did not seek any monetary damages in their appeal, they argue such a request could be made in a supplemental pleading, according to the judgment.

“This Court cannot exercise jurisdiction over the Nemees’ moot claims based on a hypothetical future event of whether or not this Court will find in the Nemees’ favor and whether the bankruptcy court would grant the Nemees’ motion to file a supplemental pleading,” the judgment stated.

Nemee declined to comment on the dismissal, instead directing the Enterprise to his San Andreas-based lawyer, Ken Foley.

Foley did not return a message asking for comment as of press time.

Kathy Mayhew of Keep It Rural Calaveras, a longtime foe of the golf course, was pleased with the ruling.

“Unless the Nemees appeal this decision to the Ninth Circuit Court of Appeals, Judge Sargis’ trial decision, findings of fact, and judgment in favor of Calaveras County – confirming that golf courses are not agritourism, under County zoning codes – become final,” she said.

“Trinitas Golf Course is definitely closed,” Mayhew said. “After the last rounds were played June 1, neighbors have observed no golfing, golf course irrigation or golf course maintenance.”

To read the ruling in its entirety, visit calaverasenterprise.com.
Contact Joel Metzger at joel@calaverasenterprise.com