Greens of Greencastle to stay golf course
A federal judge has ruled that the Greens of Greencastle must remain a golf course.
On Sept. 28 Yvette Kane, Chief Judge in the U.S. District Court, Middle District of Pennsylvania, issued her order in the case of Greens at Greencastle Limited Partnership v. Greencastle Gibg LLC.
The partnership's motion for summary judgment was answered the way they hoped. Kane granted it by stating: The defendant is permanently enjoined from developing or using the subject property in any manner contrary to the deed restrictions as recorded in the Franklin County Deed Book, and the Clerk of Court is directed to enter the judgment in favor of the plaintiff and against the defendant and close the file.
The fate of Greencastle Greens has been up in the air since July 2006, when GIBG submitted plans to Antrim Township. The Connecticut company had purchased the golf course in 2005 and intended to convert the 212 acres into a 191-lot subdivision. Opponents, including residents and another developer, fought the move, believing the original deed specified the land was to always be a golf course, even as the title changed hands. Dan Sheedy and Bob Marsh, president of Admar Homes, told the township they intended to build on the 160 lots on Shannon Drive South because of the presence of a golf course. Admar had spent $75,000 on the entrance. Sheedy and Admar paired up and took legal action.
By January 2007 the case was in federal court. Dick, Stein, Schemel, Wine and Frey LLC handled the case at the local level and then turned it over to a firm in Harrisburg. After normal proceedings and delays, the firm eventually filed a motion for summary judgment and everyone sat back to wait.
James Stein said at the time if Greens of Greencastle won the judgment, the case was over, but if they lost it would go to trial.
The defendant has 30 days to appeal from the date of the decision.