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LEGAL UPDATE AND OTHER FACTS 3-10-2022
Posted on Mar 10th, 2022
Neighbors,
We appreciate your ongoing patience. To reiterate our previous statement, we stand united with you all in our concern for the safety and future of our neighborhood. We are long-term residents, love our community, and have no plans to leave.
We are concerned there may be some misunderstanding, given recent communications sent to owners. Here are some facts for you to consider.
1. FACT: the parties in the case are
a. plaintiffs: Brian Cozad, Christie Rooney, and the legal entity CCWHHOA (does not include ANY other owners)
b. defendants: Venue Ventures LLC and White Hawk Investments LLC
2. FACT: the lawsuit is to validate that our deed of dedication is intact and enforceable.
3. FACT: in order for the Black Gold Group's master planned community to proceed, one of the following must happen:
a. the developer must win the lawsuit
b. the developer must convince owners to voluntarily remove the restrictive covenant on the golf course and secure the required votes
4. FACT: we are presently awaiting scheduling for our case to be heard.
5. FACT: no counterclaims have been filed, nor have the defendants or their attorneys contacted our attorney.
6. FACT: although White Hawk Estates has similar private building restrictive covenants, they do not have our restrictive covenant on the golf course. Therefore, we are perplexed why claims are being made about our neighbors and their deeds.
7. FACT: our property values have increased approximately 8% in the last year (source: Fred Keas, REMAX).
8. FACT: the golf course restrictive covenant was in place long before the developer considered acquiring the property.
9. FACT: the golf industry is booming since 2020 and continues to do so. Multiple cities are investing in golf, including: Sand Springs, Sapulpa, Owasso, and Tulsa. Oklahoma state legislature is enacting two golf bills - one for a golf day and one for a golf "trail" to bring in an estimated 40+ million annually in tourism (source: T J Eckert, Channel 8 Sports Director and the OK state legislature).
10. FACT: the city of Bixby did not follow their own codes and building regulations in their recent decisions concerning the golf course clubhouse area. Our city councilor, Brad Girard, confirmed that council was not provided the correct information. Their lack to follow their own laws should concern everyone. We continue our efforts to hold them accountable.
OUR DEEDS AND RESTRICTIVE COVENANTS HAVE VALUE. THEY ARE LEGAL DOCUMENTS. NO PERSON OR ENTITY (INCLUDING THE CITY) CAN REMOVE OR AMEND THE RESTRICTIVE COVENANTS BUT US.
We urge you to verify claims being made as to their validity and to have patience to allow the process to take its course.
As a plaintiff, I am confident in our legal position and am unconcerned about a threat of a counterclaim.
Thank you,
Brian Cozad
President
CCWHHOA
e: president@ccwhhoa.com
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