Court ruling paves way for Town of Vail to relocate 18th hole at Vail Golf Club
The Town of Vail has the legal authority to proceed with relocation of the 18th hole at the Vail Golf Club according to a ruling issued on Aug. 16 by District Court Judge Frank Plaut.
His ruling to deny a request for a preliminary injunction to block the project was issued after testimony and evidence was presented by the plaintiffs, the town and the Vail Recreation District during a four hour hearing Friday in Eagle.
The project had been challenged in Eagle County District Court by eight home owners, the same plaintiffs who have filed other legal action as it relates to the 18th hole project and the town's plan to remodel the golf course clubhouse.
In ruling in favor of the Town of Vail, Judge Plaut found that based on the evidence presented at the hearing plaintiffs do not have standing to bring a claim under the Pulis Deed. Additionally, the Court found that even if plaintiffs were able to prove standing, they did not present any evidence that relocation of the 18th hole would violate the Pulis Deed or Vail Town Code § 2-6-9, relating to use of the Real Estate Transfer Tax.
The Court went on to rule that the Town Council 's determination that the 18th hole project is necessary to address safety concerns was a legitimate reason for taking action and that the plaintiffs have suffered no real, immediate and irreparable injury. The golf course property is owned by the Town of Vail and is leased to the Vail Recreation District for operations.
The town is currently taking construction bids for the relocation and realignment of the 18th hole. Work to be performed includes grading and excavation, plus installation of a retaining wall, cart path, irrigation work and landscaping. Construction bids are due Aug. 22.
His ruling to deny a request for a preliminary injunction to block the project was issued after testimony and evidence was presented by the plaintiffs, the town and the Vail Recreation District during a four hour hearing Friday in Eagle.
The project had been challenged in Eagle County District Court by eight home owners, the same plaintiffs who have filed other legal action as it relates to the 18th hole project and the town's plan to remodel the golf course clubhouse.
In ruling in favor of the Town of Vail, Judge Plaut found that based on the evidence presented at the hearing plaintiffs do not have standing to bring a claim under the Pulis Deed. Additionally, the Court found that even if plaintiffs were able to prove standing, they did not present any evidence that relocation of the 18th hole would violate the Pulis Deed or Vail Town Code § 2-6-9, relating to use of the Real Estate Transfer Tax.
The Court went on to rule that the Town Council 's determination that the 18th hole project is necessary to address safety concerns was a legitimate reason for taking action and that the plaintiffs have suffered no real, immediate and irreparable injury. The golf course property is owned by the Town of Vail and is leased to the Vail Recreation District for operations.
The town is currently taking construction bids for the relocation and realignment of the 18th hole. Work to be performed includes grading and excavation, plus installation of a retaining wall, cart path, irrigation work and landscaping. Construction bids are due Aug. 22.
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