News Articles
Legal Update and Other Developments
Posted on Feb 2nd, 2022
Owners,
Thank you for your continued patience as we navigate this legal issue. We stand united with you all in our concern for the safety and future of our neighborhood.
Legal Update: Link to Case CV-2021-2028
Plaintiffs: Brian Cozad, Christie Rooney, and the legal entity CCWHHOA (does not include any individual homeowners not named as plaintiffs)
Defendants: White Hawk Investments LLC and Venue Ventures LLC
Issue: Declaratory judgment regarding deed of dedication
- Counsel retained by both defendants. Counsel of record for both parties is Mary Quinn Cooper and Katie G. Crane of McAfee and Taft
- Defendants filed a response to the claim on 1/26/22. Response claimed that White Hawk Investments is not a party as they do not own any of the subject property (Plat 4411 Reserve A) and that the deed of dedication is unenforceable. No supporting information was provided.
- No counterclaims were filed.
Other Comments: (We are not attorneys. The information included should not be construed as legal advice.)
- We understand there are concerns regarding McGirt. To the best of our knowledge, McGirt is not relevant.
- Owners voiced concern regarding whether they are party to the lawsuit. Please refer to the parties listed above. There is no mechanism in our by-laws for owners to be assessed for legal fees, and there are strict guidelines on annual dues increases. Therefore, your direct financial burden to pay for this lawsuit is based on whether or not you choose to donate to the legal fund.
- Some owners stated a concern that they will be personally sued. We are unclear on what grounds a suit could be filed. Our understanding is that defendants in a hypothetical case do not need to participate in any hypothetical action. Rather, they can choose to simply not fight it.
- K JORDAN EMAIL JAN 2022 email from Kevin Jordan, Owner of Black Gold Group (developer), to select homeowners
City Council Action 1/24/2022
Separately, Bixby City Council approved the proposed PLAT and final PLAT for development area "C" in the PUD based on city staff providing zoning and PUD information. We identified zoning and PUD irregularities. Namely, the CS zoned area (commercial) is inconsistent with the recommended zoning changes mailed to the public in 2018 and subsequently adopted by the city council. Further, the adopted PUD in 2018 that was provided by city staff in 2019 under the freedom of information act varies materially from the PUD today. The City Council and Mayor were notified of these inconsistencies as there is not mechanism to alter the zoning and PUD without a public notice. See attached supporting documents:
a) M HILTON 2019 LETTER City Planner, M Hilton outlining actions taken on Reserve A (Plat 4411) and the subsequent city steps required to develop
b) J COTTLE EMAIL email from City Manager J Cottle to Councilor Girard in 2020 clarifying actions needed for development on Reserve A (Plat 4411)
c) BIXBY PLANNING DEPT PROPOSED ZONING CHANGES mailed communication to citizens regarding proposed zoning changes in 2018 on Reserve A (Plat 4411)
d) APPROVED PUD 2018 copy of approved PUD received by the city in 2019
e) PUD 3B II Part I PUD 3B II Part II PUD 3B II part III copy of altered PUD received by from the city in 2021
f) BIXBY PLANNING PAGE WITH LINK TO ZONING MAPS page links to INCOG
g) INCOG Map of Bixby Zoning link showing that zoning aligns with items c and d
h) RESOLUTION 2017-24 Bixby City Council resolution to maintain the golf course as a green space
b) J COTTLE EMAIL email from City Manager J Cottle to Councilor Girard in 2020 clarifying actions needed for development on Reserve A (Plat 4411)
c) BIXBY PLANNING DEPT PROPOSED ZONING CHANGES mailed communication to citizens regarding proposed zoning changes in 2018 on Reserve A (Plat 4411)
d) APPROVED PUD 2018 copy of approved PUD received by the city in 2019
e) PUD 3B II Part I PUD 3B II Part II PUD 3B II part III copy of altered PUD received by from the city in 2021
f) BIXBY PLANNING PAGE WITH LINK TO ZONING MAPS page links to INCOG
g) INCOG Map of Bixby Zoning link showing that zoning aligns with items c and d
h) RESOLUTION 2017-24 Bixby City Council resolution to maintain the golf course as a green space
We challenged the city to appeal the recent decision on the grounds that the action appears to be based on inaccurate information regarding the zoning and the PUD.
Concluding thought: we believe that the deed of dedication and restrictive covenants have value. Removing the restrictive covenant on Reserve A does not alter the fence covenant and brings additional concerns regarding the surrounding property ownership (green space and flood plain) and its maintenance. Any change to our covenants including acquisition of common areas, fencing restrictions, or change in dues requires 60% owner approval for each change to be adopted. (Note: there is an exception regarding dues - please see section 4.1.8 in the 4th amendment to the deed of dedication regarding a Quorum).
Respectfully,
Brian Cozad
President
CCWHHOA
President
CCWHHOA