Tuesday, November 01, 2016

Grand Island Homeowners Association to file lawsuit against Lee Commission | Local News | albanyherald.com

Grand Island Homeowners Association to file lawsuit against Lee Commission | Local News | albanyherald.com: "LEESBURG — Plans to move forward with the proposed construction of a new 50-bed private hospital at the Grand Island Golf Course property in southern Lee County could take a hit this week once the Grand Island Subdivision Homeowners Association files a planned lawsuit against the Lee County Board of Commissioners.

Homeowners Association president and local obstetrician Dr. John G. Ricketson confirmed Monday that the property-owner group is planning to file a lawsuit some time this week alleging that the construction of the $50 million hospital would violate an easement set up by Grand Island developer John Gay in 1995.

According to Ricketson, a perpetual easement was granted by the developer to the property owners stating that “no natural or artificial barriers blocking the view or sight from the adjacent properties shall be constructed or created on the golf course property without the written permission of all the property owners.

“(The easement) says perpetuity, which means forever; it will provide for the preservation and enhancement of the adjacent properties,” said Ricketson. “We feel that’s any obstacle and that includes a three-story hospital.”"

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It would be quite a task, but I would love to know what percentage of HOA litigation is NIMBY lawsuits like this.


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