News Articles

Return to List
President's Message and Update 9/18/22
Posted on Sep 18th, 2022

Neighbors,
 
Hope those of you who participated in the annual garage sale had great success!
 
Please see the following updates on our legal case and other activities.
 
 
When we considered filing this case, board members interviewed multiple law firms in the Tulsa area. Our concerns included counterclaims, expenses, and legal grounds for our claim. Our investigation satisfied our concerns supporting our decision to file as an HOA and add our names as plaintiffs to the case.
 
Fact: the attorneys for the defense, McAfee and Taft, filed an answer to the plaintiff's petition on 8/22/22 after requesting a 30-day extension. You can access it through the court case link above. They claim the restrictive covenant is not enforceable and make no demands. On 9/1/22, they filed a protective order against the subpoena of Jeffrey Lower. They also filed a counterclaim naming 3rd party defendants. They claim that the restriction on the golf course is unenforceable and was invalidated by the White Hawk Estates development. We disagree. Please see our legal response to the claim. RESPONSE. Although they ask for legal fees should they prevail, we understand there is no legal basis to award them.
Fact: To our knowledge, no one except the original plaintiffs was served (plaintiffs are notified through the court). Further, the list of 3rd party defendants is inaccurate.
Fact: as an HOA, we filed a claim on our insurance after being named in the counterclaim. We will provide additional information as we receive updates about our claim. We also learned that many homeowner policies have provisions to safeguard against lawsuits.
Note: Should you be served, please refer to our response (link above). We understand that should you decide to respond to a potential summons, you may do so with or without legal representation.
Fact: The attorneys for the defense requested another 30-day extension. We do not approve.
Fact: Our legal position and confidence in our case are unwavering.
Fact: Anyone who signed Mr. Jordan's agreement to allow him unfettered ability to develop Reserve A may reverse their decision. Please observe his adherence to the building code below (golf cart barn) and his prior actions on the Boardwalk Self Storage (aka Byrnes Mini Storage), where he did not follow building codes.
Fact: Mr. Jordan continues to pressure White Hawk Estate residents to relinquish any interest in Celebrity Country's Reserve A. His actions are odd, given that their Reserve A is a retention pond. They have no deed of dedication relative to the golf course property. We have sound legal arguments regarding their neighborhood's development.
Fact: The claim that most new homeowners want development is untrue.
 
City
 
Fact: the city has yet to put Ordinances 2261 and 2262 on the council agenda. Both ordinances incorrectly state that development area C (clubhouse area) is zoned commercial. The underlying documents, including the PUD and public notification of zoning change), allowed for only 40K square feet. This difference is material, and we asked for these ordinances to be rescinded and retracted.
Fact: the city has yet to respond to outstanding open records requests that are several months old. We requested the assistance of Mayor Guthrie to get this resolved. According to the Oklahoma Open Records Act, noncompliance is against the law.
Fact: Bixby City Council is actively reviewing the City Manager's performance and contract per the prior city council agenda. This discussion remains unfinished, with no action yet.
Note: We received multiple inquiries about the ongoing construction on the east side of the golf course. This construction appears to be the sewer water interceptor that the city offered as an incentive for the indoor soccer arena complex at Yale Heights. Our understanding is this development did not materialize. We will provide additional updates in the following email.
 
Again, we greatly appreciate your patience and support as we continue to defend our deed of dedication and thank everyone who has contributed to the efforts. 
 
Our deed of dedication and restrictive covenants have value.
 
Brian Cozad
CCWHHOA President
president@ccwhhoa.com