Removal of golf courses OK’d

Erica D. Johnson

Monday, Jan. 26, 2004 | 11:08 a.m.

A ruling by a District Court judge this morning will allow developer Billy Walters to replace two golf courses at the Stallion Mountain Estates with 1,560 homes.

District Judge Stephen Huffaker affirmed the Clark County Commission's ruling that approved Walters' Golf Club of Nevada to eliminate the courses.

Huffaker said he believed his decision, and the decision of the commission, would "benefit the most people in the long run." He added, however, that the issue was a "close case."

Walters and his attorneys had argued that unless new homes are built to support one remaining golf course, it will be an untenable financial situation.

If Golf Club of Nevada declares bankruptcy, none of the three golf courses now in the gated community would survive, they say.

"It appears that there isn't enough funding to keep these golf courses going," Huffaker said.

Four homeowners who attended the hearing were happy with the judge's ruling, saying Huffaker's decision meant their homes and their golf course would be protected.

"That's the only reason we bought the house," said Gene Scavetta, who bought into the golf course community in 1999. "We're all golfers, and most of us are charter members."

Scavetta and the other homeowners live on the remaining golf course on which there are 730 existing homes. The homeowners said there are currently no homes on the other two golf courses.

"If the place goes bankrupt, we lose everything," Scavetta said.

The case was heard quickly because Walters has said he has until February to pay $35 million due to Wells Fargo Bank. Walters said failure to make the payment would mean foreclosure on the golf courses -- and possible development by another buyer who may have fewer resources to ensure any remaining golfing courses.

Attorney Garry Hayes, who represented the plaintiffs in the action, had argued that Clark County did not follow the law by failing to send notices out about a revised development plan and failing to require an adequate traffic plan.

Hayes said the case could affect future applications and challenges to the county's recently amended laws governing land-use and master plans. He said it was up to the court to step in.

"Clark County failed to follow its own code and ordinances," Hayes said. "When an ordinance is not being followed, that's what the courts are supposed to do."