BLYTHEWOOD – Four Cobblestone Park residents have filed a lawsuit against a builder in their neighborhood, D. R. Horton, Inc., and the Town of Blythewood.
In the complaint filed July 25 in the Court of Common Pleas in Columbia, James and Lenore Zedosky and Douglas and Sally Shea say that when they purchased their respective properties, then known as The University Club, restrictive covenants were in place assuring that their properties would be adjacent either to a deeded nine-hole golf course or would remain a perpetual green way pursuant to the terms of the Greenway Covenant.
The rights of the University Club were subsequently acquired by Ginn-LA University Club Ltd. The suit states that in September, 2005, Ginn amended the covenants for Cobblestone Park.
The suit states that Ginn provided that the Cobblestone Park covenants could only be amended upon written consent of the majority of the existing owners whose rights are materially affected by such amendment.
According to the suit, Ginn assigned its rights as Declarant under the Cobblestone Park covenants to D. R. Horton in December, 2012. The property conveyed, the suit says, included the property subject to the Greenway Covenant. The plaintiffs say in the suit that Horton intends to further sub divide the property subject to the Greenway Covenant into residential lots and at least six additional roads for the purpose of constructing and selling residences in violation of the Greenway Covenant.
The Zedoskys and Sheas say the construction will have a material adverse effect on their rights under the Greenway Covenant including, but not limited to, a devaluation of the value of their properties and a significant disruption of their quiet enjoyment of their property that would result from the loss of the property as green space or as a golf course.
The suit claims that Horton has made application to the Town of Blythewood for permission to subdivide the property that was set aside for a golf course or green space.
“Horton has failed to obtain the written consent of the majority of owners affected by Horton’s intended change in the use of the property which is subject to the Greenway Covenant,” the suit states.
The Zedoskys and Sheas are asking for an order from the Court temporarily and permanently enjoining the Town from taking any action to permit or otherwise approve any requested subdivision of the proposed Golf Course/Greenway property in a manner inconsistent with the terms of the Greenway Covenant.
