Ahwatukee Foothills News - June 17, 2020

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Wednesday, June 17, 2020

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Club West course’s future could face months of delay BY PAUL MARYNIAK AFN Executive Editor

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hearing next week could put the future of Club West’s beleaguered golf course in limbo until at least October – and possibly much longer. During an hour-long argument before Superior Court Judge Daniel Kiley on Monday, lawyers for the nonprofit Club West Conservancy and the HOA’s board agreed to an Oct. 5 hearing on an injunction that would block any homeowners’ vote on changing the course’s use pending a trial on the Conservancy’s lawsuit against the board. If the injunction is granted, a trial likely

would not occur before February, Kiley indicated Monday. That schedule hinges on the outcome of a June 22 hearing before Kiley on the HOA board’s request to dismiss the Conservancy’s lawsuit. Kiley also wanted to know by then if the board would agree to take no further action related to the course until that Oct. 5 injunction hearing. The Conservancy claims the HOA board illegally assumed the “declarant rights” that enable it to determine how Club West homeowners would vote on the course’s future. The board has countered that the Conservancy, comprising a group of Club West homeowners who oppose any plan for houses on

March for unity

SELLER STRONG

the site, has no legal standing to sue the board. The Conservancy’s suit accuses the board of illegal actions that put the course’s ultimate fate in the hands of 31 percent of Club West’s 2,400 homeowners – with just over half of that percentage needed for approving a change in use. The Conservancy contends any change requires the approval of three-quarters of all homeowners. In an affidavit filed last week with the court, board President Mike Hinz said that had it not obtained the declarant rights, “a developer or group of bad actors could theoretically take

see WEST page 15

Kyrene jumps to head of class with digital campus BY PAUL MARYNIAK AFN Executive Editor

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The basketball teams from Desert Vista and Mountain Pointe high schools led a march for unity and to protest police brutality against people of color last Wednesday, drawing about 300 supporters who walked from one school to the other. For a report, see page 4. (Pablo Robles/AFN Staff Photographer)

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yrene School District may have jumped to the head of the class in dealing with the tricky issue of reopening campuses. Not only did Superintendent Dr. Jan Vesely last week roll out a comprehensive reopening plan, but her unveiling of the Kyrene Digital Academy – aimed at statewide student recruitment – sent shudders through some East Valley districts. In those districts, educators privately expressed concerns over a new competitor to worry about in the ever-present quest to maintain and increase enrollment, the key compo-

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