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'Established 2007' |
Status Report from AG January 13, 2012
Complaint against DD/3D - June 17, 2011
...Green Farm Resort Complaint A-D - June 17, 2011
...Green Farm Resort Complaint E-R, exp P - June 17, 2011
...Green
Farm Resort Complaint P - June 17, 2011
Cease & Desist Property Sales
Letter - June 8, 2011
......KRS Land Sales Statutes
M.Paul Letter to Judge Miller - April 25, 2011
HUD Letter to DD/3D - April 19, 2011
AG Letter to HUD - April 18, 2011
Judge Robert Miller Ruling- January 25, 2011
KYAG Letter to Judge Miller - January 19, 2011
Issues with the Court
- January 13, 2011
Voting Eligibility
Letter - October 13, 2010
3D Resort Letter; RE: Golf Course changes, Survey data - 02/06/09
Green Farm Resort Phase II Owners Eligible to Trade to Phase I - January 16, 2009
Green Farm Resort Agreement with 3D Resort Communities - December 28, 2008
Agenda from our Annual Property Owners Association Meeting - October 19, 2008
Minutes from our Annual Property Owners Association Meeting - October 19, 2008
January 6, 2011
COMMONWEALTH
OF KENTUCKY
GRAYSON
CIRCUIT
COURT
DIVISION
CIVIL
ACTION
NO.
10-C1-00492
GREEN
FARM
PROPERTY
OWNERS'
ASSOC1ATION
PLAINTIFF
VS.
NOTICE-MOTION
SHARON BLANFORD
DEFENDANT
*************************~
NOTICE
Notice is
hereby
given
that
on
Tuesday,
January
18,
2011,
at
the hour of 1:00
p.m.,
or as soon thereafter as counsel may
be
heard,
in
the Grayson
Circuit Courtroom of
the Judicial Building,
located
in
Leitchfield,
Kentucky,
the
Plaintiff,
GREEN
FARM
PROPERY
OWNERS'
ASSOCIATION,
will
make
the
following
motion before the
GRAYSON CIRCUIT COURT
JUDGE.
MOTION
Comes now
the
Plaintiff,
GREEN
FARM
PROPERTY
OWNER'S
ASSOCIATION,
by
counsel,
and
moves
Court
to
release
the
financial records
if
books
of
the
Plaintiff,
GREEN FARM PROPERYY
OWNERS'
ASSOCIATION
that have been filed in this
matter to the Plaintiff,
GREEN
FARM
PROPERTY
OWNERS'
ASSOCIATION,
in
order that they
may
conduct
business.
At
this
time
they
are
unable
properly
conduct the
business of GREEN
PARM
PROERY
OWNERS'
ASSOCIATION
due to
the
fact that all
bank accounts,
ledgers,
and
information
is
in
the CIRCUIT
COURT
CLERK'S
office.
That the
Plaintiff,
GREEN
FARM
PROPERTY
OWNERS'
ASSOCIATION,
assures the
Court that they have no intention of destroying any of the files,
however they cannot
operate the GREEN FARM PROPERTY OWNERS' ASSOCIATION without them.
DONALD W. COTTRELL Attorney for Plaintiff
30 Public Square Leitchfield,
KY
42754 (Phone) 259-4052
CERTIFICATE OF SERVICE
It is hereby certified that a true copy of the foregoing was this 6
day
of January,
2011,
mailed to Sharon Blanford, 51 Old Mill Court, Falls of
Rough,
# 40119.
Sent:
Wed, December 8, 2010 5:33:58 PM
Subject: GF - Court
-Civil Action 10-CI-00492 - Judge Miller
Notice of a Special Meeting - December 11, 2010
Green Farm Property Owners Association
51 Old Mill Court
Falls of Rough, Kentucky 40119
270-879-1141
GreenFarmPOA@aol.com
Notice of a Special Meeting
The members of the Green Farm Property Owners Association have presented the secretary of the association in the form of proxy’s and/or petition totaling 28% of the total membership eligible to cast their vote{s} to hold a special meeting of the members under Article 8, Section 3 of the community by-laws.
Special Meeting of the Members will be held, on Saturday, December 11, 2010 @ 12:00 p.m. central time at: Grayson County Moose Lodge, 289 Alex Drive, Falls of Rough, Ky 40110.
The purpose of this meeting is;
1. To hold a new election of the board of directors, whereby the rules of the by-laws govern and hold true. Members eligible to vote cast their vote by paper ballot in person or by proxy
2. Employment contract by and between Green Farm Property Owners Association’s members and Sharon Blanford. The rate will be $3.00 per lot per month for a 12 month period. Telephone and electric to be paid by association.
Letter to Secretary requesting Special Meeting - 11/15/10
Green Farm Property Owners Association
51 Old Mill Court
Falls of Rough, Kentucky 40119
270-879-1141
November 15, 2010
Sandra Adams, Secretary
Green Farm Property Owners Assoc.
10717 Crowne Point
Union, Kentucky 41091
RE: Special Meeting of the Members
Dear Mrs. Adams,
The members of the property owners association are hereby requesting a
Special Meeting of the Members in accordance with the by-laws of the
association Article 8, Section 3.
Enclosed please find a listing of members eligible to cast votes, 110
proxy’s representing 28% of the members eligible to cast votes and notice of
special meeting.
We are of the opinion that the board of directors voted into place on
October 18, 2009 is still in effect and wish to elect a board of directors
in accordance with the by-laws for 2011.
Sincerely,
Sharon Blanford
Green Farm POA
/sb
Cc: Brent & Tamra Ashpaugh Ernest & Barbara Baker Leslie & Linda Bandy Greg Benner Scott & Jane Berkley S. Dean & Patricia Blair Sharon Blanford Tim & Debbie Blandford Richard & Karen Bonn Gerald & Dana Boykin Bridges & Sheilds, LLC Charles R. & Nancy Blain Brooks Maria & Frank Calvano Harold & Janice Clements Sharon Coke & Glenn Willoughby Ronnie & Estlean Cook Martin & Donna Coomes Bruce & Faith Crane Tony & Teresa Curtis Thomas & Thelma Daughtery Bill & Cindy Davis Robert & Mary Glenda Dowell Paula A. Dumont George & Patti Ethridge John & Tammi Farrell Rick Foreman Larry & Patricia Frank Fusting Ins. Agency Alexander & Helen Garrison Arter & Janice Gary Terry & Karen George Jerry Griffin Marsha P. Hardesty Anita Fernander Steven & Janice Herman Dennis & Natalie Hill Walter & Sharon Hipps Jim & Rose Hodgkins Fabian & Tangerine Holt Linda & Michael Hook James & Jonna Isaacs Charles & Betty Jansing Virgil & Maria Johnson George & Ruth Kaiser Marc & Mitzy Kaiser Geraldine & Roscoe Kendall Walter & Helen Kindler Ellis Glenn & Sandra Kiper KPE Properties Rakesh Kumar Allen & Ann Laake Gilles & Kimberly Lebreche James & Patricia Leach James & Janice Marksberry Ronald & Cassandra Marshall McBride / Burden Penny L. McCrady Mary M. McKinney Gary & Rhonda Miller Eric Mink Kenneth & Lori Mohr Samuel & Ursala Murphy George & Sally Nace John & Sandra Oakman Donnie & Dianne Onstott Jeffery & Patricia Patton Joe & Ann Petrocelli Joseph W. Phelps Llyod & Katherine Raymer Steven & Rebecca Redding Ron & Patsy Rheam John & Wanda Ross Wilton & Charlotte Ruth Paul & Stacy Sapp Ronnie Sarver David & Catherine Schoenbaechler James & Nicole Seraphine Glen & Rebecca Snider William & Margaret Spooner John & Joan Spurlin Charles & Lisa Stark Quintin & Charlena Stroud Glen Taylor Rodney C. Taylor Jack & Ann Upchurch Daniel & Francele Warren
Sherry
Green Farm Property Owners
Association
Annual Meeting, October 18, 2009
Rough River Resort Park Conference Room
Sharon (Sherry) Blanford, President of the Green Farm Board of Directors, called the meeting to order at 1:05 P. M., central time, by welcoming everyone. A quorum was established. She opened the floor for nominations as there were three nominations previously sent in. Larry Vormbrock nominated Ronald (JR) Newman, Bill Palmer and Chris Brown. Chris Brown was declared ineligible because he is not a property owner at Green Farm. Larry Vormbrock was nominated by William Palmer, Esq. Nominations ceased. The three names that had been submitted previously were Sharon Blanford, Sandy Adams, and Sharon Hipps.
Sherry then summarized the minutes from last year’s annual meeting.
She then summarized the balance sheet as reported on the handouts given prior to the start of the meeting. She went on to explain the proposed budget. Sharon Coke moved to accept the budget and Larry Vormbrock seconded. Motion passed.
Sherry talked about the progress of the pool, bathhouse, and infrastructure on phases 2 and 3, specifically the water lines.
JR took the floor to discuss the improvements to Green Farm Resort and answer questions that anyone had for him.
The new board of directors was named after the votes were counted. They are JR Newman, Sherry Blanford, Sandy Adams, Larry Vormbrock, and Bill Palmer.
Next year’s annual meeting will be held on October 17, 2010, at 1:00 P. M. (central time) and will be at Rough River Resort Park Conference Room.
The Directors will have their first meeting on November 14, 2009, at 1:00 P. M.
Bill Palmer moved to adjourn and Sandy Adams seconded.
Notice of Meeting & Nomination Form
September 11, 2009
Progress Report of Green Farm Resort - August 15, 2009
Phase 2 roads are progressing. The quality of the road is excellent. Ridenour’s Way, Carolyn’s Drive, Augusta’s Court, Patricia’s Plaza and Hog Knob Drive are paved. Remaining is Lafayette Drive, Lafe Street and Robert’s Circle.
Progress Report of Green Farm Resort - July 28, 2009
It's been a while since I last gave you an update.
Phase 2 will be happy to know that the roads are being paved this week.
Mago started yesterday. Water permit is on it's way and should begin
installation of the lines by mid-August.
Professional Pools is under contract to build the pool. Pro Pools will
begin digging this week and the permit should be ready by sometime next
week. The bath house construction will begin mid-August. Completion date
for pool and bath house should be end of September.
Our park is looking good. All benches, grills and trash can holders have
been installed with concrete and are ready to use. Shelter should be moved
within the next two weeks.
I would also like to thank the lot owners that have been maintaining their
lots. They look great!!!!!
Thanks,
Sherry
Progress Report of Green Farm Resort – May 14, 2009
Good Morning,
Everything is looking good at the Green Farm. The Mansion is complete with
landscaping. Work began on the General Store. The front of the store looks
better than I've seen in 10 years. That's right 10 years. I originally
came to the Green Farm in 1998 and the store was open for business. From my
understanding the store is expected to be open for business in June.
The roof on the grist mill has been patched until the building can be
completely stablized. The purpose of the "patch" is to stop the elements
from getting in and causing further destruction. It's a start and I'm
tickled to see it.
Five cabin packages have been delivered and work should begin on them
sometime next week.
Remember when flowers were a big part of Lafayette? There back.......new
flower beds have been put in around the pro shop and the old ones have been
cleaned up and new flowers added.
Each day I look forward to coming to work to see new additions.
Most of us fell in love the first time we came here.......but over the years
as one lot owner put it "we're over it". Come on down and fall in love all
over again. Most members have not been here for years. I urge you
........come down and see with your own eyes. More work has been done in
four months than Sam did in 7 years. You have nothing to lose.
Looking forward to seeing you.
Sherry
Progress Report of Green Farm Resort – April 16, 2009
Good Afternoon,
This morning I was driving around the property and I must say it really
looks nice. The work we did last year to the entrance on the river, road
sides and electric boxs really paid off.
A few people have cleaned and cleared the back of their property on the
river and it is absolutely beautiful. Members that own river property
should consider doing the same. The growth is at a minimum at this time of
year and the process is easier now than in the summer months. Not only does
it give you a view across the river, your lot will be more attractive for
those wishing to buy if you are wanting to sell.
The developer has cleared an area for the association to develope a common
area, located on Miss Jenny Way on the left of the little bridge. The plans
are for a picnic/playground area. The shelter located at the end of parking
lot of the golf course will be cleaned, stained and moved to the common
area. Playground equipment, picnic tables, bridge across the stream to
access the pond for fishing.
A new roof is being put on the bed and breakfast today. The sales office is
being expanded as well as the back patio at the pro shop. The bunkers
behind the pro shop were being re-worked....drains, sand, etc. A privacy
fence was erected in front of the maintenance building to block the golfers
view of equipment, supplies and dumpster.
Roads have been cleared in Phase 3.
Every day something new.
Sherry
Progress Report of Green Farm Resort – March 22, 2009
Members,
I am happy to tell you that a lot of positive activity is happening on the
property. The appearance is changing daily for the good.
Entering the property you will see cedar fencing from the entrance to the
old bridge, to the golf course and in front of the bed and breakfast, really
looks good.
Right before the Y on the entrance road, where you see the Lafayette Golf
Course sign, large rocks have been placed there. These rocks are going to
be used to create flower gardens with the name of the development on one
side and the name of the golf course on the other.
The bed and breakfast structure was stabilized; floors have been stripped to
the natural wood then finished with oil. Walls and ceilings have been
repaired properly and are in the process of painting and wallpaper. The
inside will be completely redecorated.
All roads in Phase 2 have been cleared, culverts have been installed. Sub
grade is the next step. Gates have been removed.
Area across the bridge on the river is in the process of being cleared to
build approximately 20 cabins for stay and play.
It appears that a new irrigation, pump house, has been or is in the process
of being installed at the golf course.
New snack bar with grill on the back patio of the pro shop has been added.
Gate is planned for the entrance into the actual subdivision on the side of
the bed and breakfast.
The area has been staked where the recreational facility will be. At the
end of the parking lot of golf course.
New developments are happening daily so it's possible I have missed
something. I'm really excited by all of the positive activity happening on
the Green Farm.
Come by see the progress and play a round of golf.
Sherry
Minutes of meeting of March 22, 2009
Sharon Blanford, President called the meeting to order at 1:08 pm in the absence of Marc Kaiser, Chairman of the Board.
Purpose of the Meeting:
3D Resorts-Bluegrass, LLC holds 235 votes and wish to exercise their rights under Article Four, Section 3 of the By-Laws of the Association.
3D Resorts-Bluegrass, LLC would like to be seated on the Board of Directors therefore a Special Meeting was called by 3D Resorts-Bluegrass, LLC to hold a election.
Sharon Blanford appointed William Palmer to call for the election of directors.
William Palmer asked if there were any additional nominations for director, other than the names currently on the ballot, attached hereto and made apart hereof.
Sharon Blanford made a motion to nominate Sandra Adams, seconded by William Palmer.
Upon motion duly made and seconded, the following persons were elected to serve as directors of the Association for one (1) year or until their successor are duly elected.
Sandra Adams
William Palmer
Jasen Miller
Ronald G. Newman
No changes in the Budget at this time. Effective July 01, 2009, Phase II association dues will revert back to $200.00 semi-annually.
Announcement was made that JR Newman, Jasen Miller, William Palmer and Mike Lowry would be available after the meeting to answer questions concerning the golf course and future development of Green Farm Resort.
Motion to adjourn meeting. Seconded. Passed at 2:35 pm
______________________________
, Secretary
Green Farm Property Owners Association
51 Old Mill Court
Falls of Rough, Kentucky 40119
1-866-764-7378
270-879-1141
January 13, 2009
Ronald G. Newman, Jr.
3D Resort Communities, L.L.C
18568 Forty Six Parkway, Suite 2002
San Antonio, Tx 78260
Sent Via Email
Dear Mr. Newman,
As a lot owner since February 2002 I along with numerous other lot owners have suffered financially due to the prior developer. First, let me state that in no way am I or any other member disappointed with new ownership. It is and has been our desire to see the property developed into the golf community that we were sold. However I would be remiss if I didn’t point out some of the actions being taken on your behalf by William Palmer.
Mr. Palmer is implying that we are difficult to work with when we are simply enforcing the By-laws and restrictions that are in place, of which he prepared. We as a board have a fiduciary responsibility to continue to do so and will as long as Mr. Palmer negates the board and the rules that are in place.
As you may be aware, Mr. Palmer mailed a notice to lot owners without first seeking permission from the board. When he did finally call me on the 2nd of January to tell me the purpose of the meeting, the notices were already mailed, thus violating the By-Laws due to 1) Membership suspended due to past dues and notification by Sam Ware of the sale. 2) The Deed Restrictions, Section III, (1) clearly outline protection for the POA once it has been turned over to the lot owners. 3) Mr. Palmer stated to me that the Bank was requiring this action. If that were the case, they would have attempted to force that issue in the agreement and or at least would have researched the regulations already in force. 4) Stating in the notice the number of lots he believes are owned by 3D resorts was like telling the lot owners "no need in coming to the meeting we have enough votes to do what we want".
He additionally threatened to file suit which as you know causes all communication to cease and further tarnishes the Green Farm name.
It has taken over a year and a half to rebuild what Sam Ware did to the community and the Green Farm property as a whole. This does not include the long hard battle prior to him turning over the POA. Our last annual meeting of the members was evident that the lot owners were starting to trust the Board that they have elected 2 years running and were beginning to talk about building homes.
I am proud to serve as the Chairman and will continue to do so as long as the lot owners continue to support me and the other board members who give their time and talent to make the Green Farm our home. Rest assured that the Board of Directors understand that we have a fiduciary responsibility to its members to defend all By-Laws, Restrictions and Covenants to ensure equal and fair enforcement to all.
In January 2008 the Board voted not to collect the POA portion of the dues for Phase II, but only the portion that goes to the golf course. This was done due to the Phase II owners not having access to their property, i.e., gates were placed across the roadway and locked. The current board has gone to great lengths to improve the property as well as its appearance. We have been frugal with the member’s money and have even looked at ways to earn interest on what we have accumulated.
Please understand that the Board stands ready to help in anyway possible. We would be willing to meet with you as a board or informally with Sherry and myself if you prefer.
Our desire has always been to see the development move forward. When the golf course was being destroyed the members became concerned which prompted the lawsuit filed by the Attorney General. Since August 2005, the golf course has had a guardian. Further disputes and conflicts will not only cause distrust with the lot owners, but with potential buyers as well. The Green Farm property has been involved in litigation for well over 100 years for an array of matters. We would like nothing better than to break the cycle.
Please feel free to call on me if you so desire. I am sure with your help this matter can be resolved to a mutual satisfaction for all parties. I can be reached at my office at 502-955-1120 or on my cell phone at 502-417-1120.
Sincerely
Marc J. Kaiser
Chairman of the Board
Green Farm Property Owners Association
Falls of the Rough, Ky
Cc: Maryellen Mynear, Kentucky Attorney General’s Office
Board Members – See Distribution
Green
Farm Property Owners Association, Inc.
Falls of Rough, Kentucky
Annual
Meeting, October 19th, 2008
1:00 p.m. – 1:10 p.m. Chairman of the Board, Marc Kaiser calls the annual meeting to order and welcomes members
1:10 p.m. – 1:30 p.m. Treasurer, Sandra Adams presents Financial Report and Proposed Budget for 2009
1:30 p.m. – 1:45 p.m. Property Grounds Committee member, Sharon Blanford reports on the current condition of property.
1:45 p.m. – 2:00 p.m. Golf Course Committee member, Jerry Griffin reports on the Lafayette Golf Course
2:00 p.m. – 2:30 p.m. Chairman of the Board, Marc Kaiser addresses issues concerning Declaration and By-laws amendments
2:30 p.m. – 2:40 p.m. Chris Brown, General Manager of Lafayette Golf Course reviews membership benefits
2:40 p.m. – 2:55 p.m. Board of Directors answers questions and concerns of the members.
2:55 p.m. – 3:00 p.m. Chairman of the Board, Marc Kaiser closes meeting.
Green Farm Property
Owners Association
Falls
of Rough, Kentucky
Minutes for October 19, 2008
The meeting of the Green Farm Property Owners Association was held Sunday, October 19, 2008 at 1:00 PM, at Rough River Dam State Park lodge.
Marc Kaiser opened the meeting at 1:00 P.M. with a welcome to all members present. Chairman Kaiser introduced all board members that were present. All board members were present except for Sandy Adams.
The first order of business was to approve the minutes for October 21, 2007 meeting, John Spurline made the motion to accept the minutes, second by Terry Midkiff, motion carried.
The second order of business was to approve the financial report given by Sharon Blanford. Motion to approve the financial statement was made by Larry Vormbrock, second by Dan Schoenbaechler, motion carried.
COMMITTEE REPORTS:
Property Grounds Committee: Sharon Blanford gave a report on the current conditions of property.
Golf Course Committee: Jerry Griffin gave an update on the Lafayette Golf Course.
NEW BUSINESS:
Chairman Marc Kaiser presented a power point presentation on the progress of the Green Farm Property Owners Association, Inc. that has been made as of this date.
A motion from the floor was made by Larry Vormbrock to retain the same officers of the Green Farm Property Owners Association, Inc. for another year, second by Roscoe Kendall, motion carried.
The annual meeting of Green Farm Property Owners Association, Inc. for 2009, will be on Sunday, October 18, 2009.
There being no further new business the meeting was adjourned at 3:00 PM, Terry Midkiff made the motion, seconded by Helen Kindier, motion carried to adjourn the meeting.
Secretary for Green Farm Property Owners Association
Martha R. Hardesty
Letter (email) From Kentucky Assistant Attorney General
From:
Mynear, Maryellen (KYOAG) <maryellen.mynear@ag.ky.gov>
To: greenfarmpoa@aol.com
Cc: Leatherman, Todd (KYOAG) <todd.leatherman@ag.ky.gov>
Sent: Tue, 23 Dec 2008 3:56 pm
Subject: GREEN FARM - STATUS E-mail for Property Owners
Sherry - Please distribute to your e-mail distribution list. Thanks, as ALWAYS, for your help.
All - It has been a long road (or lack of roads!) that we have endured together, but I am pleased to be able to provide you more details about the Agreement that the Office of the Attorney General has negotiated with the new developer of Green Farm Resort, 3D Resorts-Bluegrass LLC.
I know Sherry Blanford previously e-mailed to you a copy of the 'final' Agreement. That Agreement has now been fully executed and the suit dismissed. Upon receipt of $1.2 million into an escrow fund, this Office will release the lis pendens (lien) on the property. I have briefly summarized below where this leaves us:
1. The new developer must complete all roads and water line infrastructure in Phase II by or before December 31, 2009. No exceptions. Payment for the work will be made from the escrowed funds only upon the approval of the Attorney General. I have received assurances from the lender's attorney that the lender will also be monitoring progress to be sure this work is completed. Please rest assured that General Conway has been personally briefed and remains fully committed to the successful completion of this phase.
2. Any Phase II owners who met the court-established guidelines will still be permitted to trade their Phase II lot for a Phase I lot if they still choose to do so. My office will be sending a letter to each of you after the first of the year with additional information on this process. The dismissal of this suit does NOT affect or restrict an individual property owner's legal rights to file a private suit seeking restitution under the Kentucky Consumer Protection Act. Such a private suit must, however, be filed WITHIN 12 MONTHS of YESTERDAY. See KRS 367.220.
3. The recreational facility, including swimming pool and amenities required under the October 12, 2005 Agreed Order, will be constructed by or before December 31, 2009 (please note that the original Agreed Order did not require completion until Phase I had a 50% or higher occupancy rate). The new developer has stated its intent to construct a larger facility including an indoor pool - but at a minimum, you will receive by December 31, 2009 the amenities facility promised under your original purchase agreements.
4. Electrical service in Phase II will be made available on a lot-by-lot basis once a property owner files construction plans.
5. Any lot in Phase I that is still below 446' (flood elevation), if any, will be raised at time of residential construction.
6. The new developer ultimately desires to sell additional lots in Phase II, Phase III and beyond. I believe it understands the importance of completing these projects and restoring confidence in the property. To that end, however, the developer must comply with all applicable local, state and federal laws in marketing and selling new lots. We are cautiously optimistic that further involvement by the Attorney General will not be necessary, but we stand ready to act if needed.
I will be out of the office until after the New Year but will be happy to answer any questions after that time. THANK YOU to Sherry Blanford, the POA Board of Directors and numerous individuals who helped in numerous ways to reach this result!!
Last but not least, please accept my sincere wishes for a joyous and safe holiday season.
Maryellen B. Mynear
Litigation Branch Manager/Assistant Attorney General
Office of the Kentucky Attorney General
Consumer Protection Division
1024 Capital Center Drive, Suite 200
Frankfort, KY 40601
phone (502) 696-5389
fax (502) 573-8317
maryellen.mynear@ag.ky.gov
NOTICE OF CONFIDENTIALITY
This message is intended only for the use of the individual or entity to which it is addressed and may contain confidential information that is legally privileged and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify this office by telephone and return this message to the Office of the Attorney General immediately. Thank you
Green Farm Settlement Press Release
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Commonwealth of Kentucky Office of the Attorney General
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Jack Conway |
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Capitol Building,
Suite 118700 Capitol Avenue |
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ATTORNEY GENERAL CONWAY REACHES SETTLEMENT WITH GREEN FARM RESORT AND LAFAYETTE GOLF COURSE
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FOR IMMEDIATE RELEASE December 30, 2008 |
Media Contact:
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FRANKFORT, Ky. (December 30, 2008) - Attorney General Jack Conway today announced that an agreement has been reached regarding the Green Farm Resort and Lafayette Golf Course near Leitchfield in Grayson County. The agreement was reached with 3D Resorts-Bluegrass LLC, which has purchased the property from the defendants in a consumer protection lawsuit filed by the Attorney General’s Office n February, 2005. The agreement requires 3D Resorts to escrow more than $1.2 million to ensure completion of infrastructure construction by the end of 2009, including roads and utilities in the second phase of the development, as well as a recreation facility and swimming pool. The Attorney General filed suit in February 2005 in Grayson Circuit Court against GF Resort LP, Texas developer Samuel D. Ware, and others, alleging violations of the Kentucky Consumer Protection Act in the marketing and sale of recreational and retirement property at the Green Farm Resort. Undeveloped lots were marketed as an exclusive resort with lifetime memberships to the highly-rated Lafayette Golf Course. However, at the time the suit was filed, the developer had failed to complete any roads or utilities, leaving more than 400 purchasers unable to commence construction and many purchasers unable to even access their individual lots. The Attorney General alleged that an escrow account, which was represented to guarantee infrastructure completion, had been improperly depleted by the developers. Through court orders obtained in that lawsuit in 2006, more than $1.2 million was paid by GF Resort and Ware to install infrastructure in the first phase of the development, which was largely completed in 2007, leaving only Phase II to be completed. As part of the agreement and escrow arrangement announced today, 3D Resorts agreed to complete Phase II infrastructure and a recreation facility, including a pool for resort members. 3D Resorts also agrees to assume certain obligations of the former owner, GF Resort LP. In turn, the Attorney General agreed to dismiss the current suit against the prior developer, GF Resort LP and the other defendants. This dismissal does not affect property owners’ private legal rights to seek individual relief from the defendants under the Kentucky Consumer Protection Act. “This agreement represents a new chapter for Green Farm Resort.” Conway said. “This is a beautiful area of our Commonwealth, and my office hopes that 3D Resorts will work to fully deliver what it promised to consumers. We will continue to oversee completion of the project to assure compliance with the agreement,” General Conway said. ### An Equal Opportunity Employer M/F/D |
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