Hopefully, other parties are willing to do the same.” So, I am willing to sit across the table with Old Silo and discuss ways to move forward with a viable solution. “Furthermore, it seemed counterproductive to any future progress in Mt. “As a homeowner and resident of Silver Creek for more than 18 years, I think the lawsuit between the parties was a waste of time and money,” Walker said. has agreed to perform the maintenance work on the course, Howard said.Īrt Walker provided the Advocate with a statement explaining a role he hopes to play in the future of Old Silo. The memorandum states that the golf club “has been approached by Art Walker regarding his interest in exploring and participating in a long-term solution to the issues related to the golf course property, and in connection with those discussions with Walker, Old Silo and Walker have agreed that their efforts would be substantially aided by dismissal of the above referenced lawsuit.” Old Silo owner Stephen Howard told the Advocate that he hopes the agreement leads to reopening of the golf course in some capacity. “If at any time hereafter the Old Silo Golf Course property ceases to be maintained at a level equal to or greater than the maintenance program set forth herein, the Silver Creek plaintiffs shall have the right, in their sole discretion, to institute and pursue whatever legal action against Old Silo, or its successors in interest, they determine at the time is appropriate as a result of such cessation of maintenance,” the memorandum states. The water level of the irrigation system to the “holding pond” and performance of general maintenance involving the pond are to be maintained to the extent within Old Silo’s power and control. Shrubbery and trees around the clubhouse are to be reasonably trimmed, the memorandum states. “Whether the golf course will be operating at any time in the future is unknown,” Peck said.Ī memorandum of understanding between the parties stipulates that the course be mowed at least once every month except on certain holes where mowing is required every 14 days. Peck said the agreed upon maintenance is to begin in the next two weeks. “The level of maintenance will be less than what was asked for in the lawsuit, but a level that has been determined to be acceptable by the plaintiffs.” “Under the agreement, Old Silo Golf Club LLC will provide regular maintenance of the golf course property during the growing season,” Peck said in the statement. Peck explained for the Advocate the terms of the agreement. “This agreement resolves, for the time being, the issues in that case.” Sterling attorney Alan Peck, who is representing the plaintiffs, wrote in a statement to the Advocate. “An agreement has been reached between the parties in the Montgomery Circuit Court lawsuit over the maintenance of Old Silo Golf Course,” Mt. The Silver Creek Association is a non-profit corporation whose members are property owners in Silver Creek, including the Rays. Sterling Development is the developer of the residential and commercial real estate in Silver Creek. 28, 2017, by Sterling Developments Inc., Silver Creek Association Inc. The lawsuit against Old Silo Golf Club was filed Aug. Because it was dismissed without prejudice the suit can be reinstated at a later date if terms of the agreement are not met. The agreed order, filed May 29, dismisses the case without prejudice with each party to bear their respective costs expended. Agreement reached in Old Silo lawsuit caseĪn agreement has been reached among the parties to a lawsuit involving Old Silo Golf Course that has led to an agreed order of dismissal.
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