Monday, February 16, 2015

TOOTHINOV.ORG Files Petition for Stay Of El Conquistador Country Club Purchase

Friday, TOOTHINOV.ORG attorney Bill Risner filed a request with the State Appellate Court for a stay that would prevent Town Of Oro Valley from purchasing the El Conquistador Country Club until after the appeal of the lower court decision is heard.

The basis of the appeal is that the Town Of Oro Valley has announced that it intends to purchase the property on a date that may be before that appeal process is complete. Therefore, there is a need for Oro Valley to hold off on the purchase.

The town has until Wednesday to file their brief in response.

Things could get complicated if Oro Valley purchased the El Conquistador Country Club and the court ruled that a vote should proceed.  This is because there will be an election if the plaintiff's view is upheld at any point in the court appeal process. If there is a vote of approval, then the purchase is upheld, so to speak, and nothing further happens.

What if a vote occurs and voters uphold the referendum, rejecting the purchase and the town has already purchased the El Conquistador Country Club? The transaction would be invalidated. Our assumption is that the town would have to return the property to HSL and get their money back. Really, then, HSL puts itself at risk by entering a transaction where there is a referendum that could occur invalidating the transaction. Why would it want to do this?

Really, then, it is best for all concerned to wait until the appeal process at all levels is done.

What difference could a few weeks or months make?

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