Final Judgement in Agritourism Trial Entered December 16

Courtesy of the Keep it Rural News Update

On December 15, Judge Sargis signed and filed a four-page final Judgment, based upon his 65-
page Memorandum Opinion and Decision. The Judgment was entered on the docket December 16.

IN BRIEF, THE JUDGMENT:

• granted the County’s motion to dismiss the Nemees’ claim for injunctive relief;
• entered judgment for Calaveras County on all claims, denying the Nemees relief “on each and every claim asserted in the Second Amended Complaint”;

….ORDERED, ADJUDGED, AND DECREED THAT:

• The golf course constructed and operated by the Nemees and through Trinitas Enterprises LLC is not permitted under Calaveras County Zoning Ordinances;
• a commercial golf course is not a permitted activity as Agritourism and is not a permitted activity as an agricultural operation on AP or A1 property under County Code; and such use of  The Property is a public nuisance;
• judgment is granted to Calaveras County, on the Counterclaim, and “Michael Nemee and Michelle Nemee, and each of them, and their respective family members, agents, employees, servants, representatives, and any entity in which Michael Nemee or Michelle Nemee have an ownership, equitable, or other interest”, [“the Nemees et al”] shall, effective January 27, 2012, and continuing thereafter,

• Terminate and cease the use of the golf course on The Property as a commercial golf course;
• Terminate and cease to allow the use of the golf course by any person who claims to have purchased a golf membership or obtained any other right to use the golf course;
• Terminate and cease use of the golf course for any private, public or charitable events;
• Terminate and cease advertising or marketing the golf course for commercial use;  [the Nemees et al] shall comply with the County Zoning Ordinances for the use of The Property.

….IT IS FURTHER ORDERED, ADJUDGED, AND DECREED THAT:

• the Nemees may seek to modify this injunction to the extent that it becomes inconsistent with future amendments to Calaveras County zoning codes or ordinances;
• the County may obtain from this court further orders for the enforcement of this injunctive relief as necessary for the abatement of the public nuisance, and seek the award of costs and expenses of such abatement, if [the Nemees et al] fail to comply with this injunction on or before January 27;
• Calaveras County shall file its costs bill and motion for allowance of attorneys’ fees, if any, on or before December 21; and any fees, costs and expenses awarded by the court shall be enforced as part of this judgment.

You can read the entire summary and update along with links to related articles here.