Shalimar Association v. D.O.C. Enterprises, Ltd.

688 P.2d 682 (1984)

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Nature of the Case

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Facts

Shalimar Estates (P) was a residential land development of 134 acres. It consisted of a golf course and adjacent residential lots. The golf course was an integral part of the general plan. Restrictions were recorded with respect to the residential properties as they related to the golf course, but no restrictions were recorded against the golf property itself. Sales of the residential lots were made with the representation that the golf course would be maintained to 2000 and with an extension for another 25 years. D came in and acquired the golf course after seeing the recorded plats and the surrounding residential lots and their restrictions and even being warned by zoning officials that they were walking into a hornet’s nest of opposition. P sued D to enjoin changing the land from usage as a golf course. The trial court found that D were not bona fide purchasers without notice and that D's were bound to maintain the tract as a golf course until 2025.