How a 1970s clerical error paved the way for Mattamy Homes to build on shuttered golf course
After years of intense opposition and litigation, Mattamy Homes is expected early next year to begin building a 450-home development on the shuttered Forest Oaks Golf Club just east of Florida's Turnpike on Lake Worth Road.
Circuit Court Judge G. Joseph Curley recently ruled that Mattamy Homes was not bound by an agreement signed in the 1970s that restricted the use of the golf course to recreational activity because the agreement was never formally recorded with the Palm Beach County Clerk's Office.
The homebuilder first filed its plans more than four years ago, but some homeowners from Lucerne Lakes fought the homebuilder, arguing that the development would harm their quality of life. The golf course is surrounded by Lucerne Lakes, a community of nearly 2,000 homes built in the 1970s.
A lawsuit was filed by a condominium association at Lucerne Lakes challenging county approvals and relying on the unrecorded agreement as binding on Mattamy Homes.
But Curley, in a 27-page opinion, found that the failure to record the document restricting the golf course's use made it not legally binding. He also cited a 2021 County Commission decision approving a new master plan for the golf course site, which removed any legal obstacle blocking Mattamy's plans.
“We’re grateful that the court’s decision provided such a clear conclusion that supported what’s been our position throughout the process,” said Dan Grosswald, president of Mattamy Homes’ Southeast Florida Division.
“The settlement agreement includes strong measures to dissuade the reoccurrence of any unreasonable and baseless claims to undo or disrupt the legal approval we received in a public hearing to move forward. We’re glad to put this behind us and create the vision that numerous neighbors throughout Lucerne Lakes are already on record supporting.”
Settlement calls for Mattamy Homes not to seek attorney fees; residents drop their appeal.
The residents initially filed an appeal but have withdrawn it as part of a settlement that calls for Mattamy Homes and Grillo Golf Management, the defendants, not to recover attorney fees, which may have totaled hundreds of thousands of dollars.
In return, plaintiffs agreed to not oppose “or cause opposition” to the project before any governing body at the local, state, and federal levels, according to a news release issued by Mattamy Homes, the largest privately owned homebuilder in North America.
The Forest Oaks project marks a significant expansion into Palm Beach County for Mattamy Homes. It quickly sold out Saddlewood, a 152-unit townhouse community with paired villas west of Lake Worth Beach.
“Our success with Saddlewood really opened our eyes to the growing demands for more housing in this area, especially with major businesses and institutions such as Florida Atlantic University located nearby," Grosswald said. "Future residents will enjoy a convenient commute with this property located in close proximity to Florida's Turnpike, State Road 7 and Jog Road.”
Home prices are expected to start in the $400,000s. Grosswald said an array of sizes for townhomes is planned, along with some single-family homes.
Homebuilder says it could have built more homes; what's the next step?
The 79-acre Forest Oaks site is part of the Lucerne Lakes’ 273-acre footprint. The golf course closed in November.
Despite opposition at county public hearings, Mattamy Homes noted the project also had community support that included the Lucerne Lakes Master Homeowners Association. The builder says it conducted extensive community outreach to develop plans that residents could support. Plans were modified based on comments Mattamy received.
As many as 900 residences, for example, could have been built, but the number was reduced to 450 in response to community input, according to Mattamy Homes. Curley noted the reduction in his opinion.
Mattamy Homes has agreed to reconstruct Lucerne Lakes Boulevard, improve landscaping on Columbia Drive, preserve existing lakes and canals and provide open space. At one time, it considered constructing a condominium building but has abandoned the idea.
Forest Oaks was a public golf course. Homeowners at Lucerne Lakes were not required to support the operation. Mattamy Homes is under contract to purchase the golf course for $15 million from its current owners, Grillo Golf Management.
County planners received petitions with more than 700 signatures opposed to the project and another 200 unique emails in opposition during public hearings that took place in September 2021. They also received more than 100 letters in support of the plans.
Grillo Golf Management testified before the county that the course could not compete with county-owned operations. The site, in an unincorporated area under county jurisdiction, is on the south side of Lake Worth Road at Lucerne Lakes Boulevard.
But during the court proceedings, residents questioned whether the golf course was losing money, pointing to the surge in golf-course use after COVID. Rather than turn over financial records to the residents, Grillo Golf abandoned its argument that it was losing money. County planners accepted Grillo's claim that it could not meet its expenses without researching the issue.
Palm Beach Gardens attorney John Jorgensen, who represented the residents, said he could not comment on the settlement due to "a confidentiality order" that restricts him from discussing the case.
Mike Diamond is a journalist at The Palm Beach Post, part of the USA TODAY Florida Network. He covers Palm Beach County government and transportation. You can reach him at mdiamond@pbpost.com. Help support local journalism. Subscribe today.
This article originally appeared on Palm Beach Post: Judge rules Forest Oaks Golf Course can be developed after court fight
