Calaveras County Wins Case Over Controversial Golf Course

Written by Sean Janssen, The Union Democrat, November 01, 2011 01:26 pm

In a setback for operators of the controversial Trinitas golf course, a federal bankruptcy court judge ruled late last week that golf is not agritourism and Calaveras County can prohibit it on agricultural zoned lands.

Judge Ronald Sargis notified attorneys for the county and the owners of the Trinitas property in Wallace, Michael and Michelle Nemee, who appeared via teleconference in Sargis‚ courtroom Thursday at the U.S. Bankruptcy Court in Modesto, of his decision.

The hearing constituted a status update on bankruptcy proceedings for the Nemees, who owe about $9 million on investments related to their efforts to construct and open a golf course on about 280 acres west of Valley Springs.

After the Calaveras County Board of Supervisors denied the project in May 2009, followed by multiple appeals, the Nemees sued to have the course allowed under the “agritourism” definition in county zoning code.

Sargis gave the parties a general outline of his opinion after hearing three days of testimony on the agritourism case two weeks ago. A 55-page written opinion by Sargis is expected to post this week to the judge’s webpage here .

The ruling torpedoes the Nemees’ previously filed plans to re-pay their debts, which are contingent upon being able to open the course to the public.

Dennis Hauser, an attorney for Stockton lender Community Bank of San Joaquin, previously argued to the court that the golf course’s revenues would have been insufficient to assure re-payment.

The court battle regarding the property is far from over. On Oct. 7, the Nemees filed a $12 million suit that claims a violation of their civil rights by the county and former employees for violating their rights to due process.

See the original article here.