Homestead Golf Course Litigation
Background of Lawsuit
Homestead Farms is a residential golf course community made up of over 600 homes in rural Lynden, Washington. The case, which was originally filed in May 2020, was initiated by a group of 11 homeowners who were unhappy with an increase in the monthly maintenance fees to maintain the golf course and residential common areas. Although many Homestead Farms community members have said the monthly fees are an appropriate cost of sharing the benefits of a maintained golf community, the class action attorneys and their clients disagreed and obtained certification to bring suit as a class action against the owner of the golf course property, 18 Paradise, LLP, and the company that was under contract to manage the golf course and residential common areas of the community, MJ Management, LLC. A number of community members have opted out of the litigation, some of which entered into the lawsuit as intervenors in early 2023.
Litigation surrounding the Homestead Farms Golf Course and over 600 homeowners of this exclusive neighborhood in Lynden has been dragging on for over three years.
About MJ Management
MJ Management had managed the golf course under the (d/b/a “Homestead Farms Golf Club”) since 2017. Founded by owner Mick O’Bryan and his business partner, Joshua Williams, the company operated under a lease and management agreement with 18 Paradise to run the golf course and provide maintenance services to the Homestead Farms residential common areas.
O’Bryan has been connected to Lynden and the golf course in various capacities for nearly 31 years. O’Bryan and his family live near the golf facility.
Updates on Lawsuit
A jury trial before Judge David Freeman in Whatcom County Superior Court had previously been set to begin on September 6th of 2023, but with the appearance of new counsel for MJ Management at a hearing on August 4, 2024, the trial date has been postponed to April 30, 2024.
Due to the financial impacts of the protracted litigation, including the non-payment of monthly assessments by residents, MJ Management was evicted from the golf course on August 1, 2023, and golf course operations have since ceased. Because of the eviction, MJ Management removed its equipment from the site, which included all the equipment for golf course operations and maintenance of the residential common areas. This most recent development is likely to further complicate the already complex litigation.
Case Update (August 31, 2023): Defendants, MJ Management, O’Bryan, and Williams file Motion to Disqualify Plaintiffs Counsel and Other Relief.
Case Update (September 6, 2023): Defendants, MJ Management, O’Bryan, and Williams file for Motion for Protective Order; Seeking Evidentiary Hearing.
Case Update (September 20, 2023): Defendants MJ Management, LLC, 18 Paradise, LLP and other defendants seek Temporary Restraining Order (“TRO”) for the removal of confidential documents from website operated by Class Action Plaintiffs. Order granted by Judge Grochmal on (September 21, 2023).
Case Update (October 26, 2023): Court holds two-day Evidentiary Hearing in relation to Defendants’ Motion to Disqualify Plaintiffs’ Counsel.
Case Update (November 30, 2023): Defendants, MJ Management, O’Bryan, and Williams file a Motion seeking Contempt of Plaintiff’s for violation of the Preliminary Injunction.
Case Update (January 5, 2024): Defendant 18 Paradise seeks Leave of the Court to file an Amended Answer and Counterclaim.
Case Update (January 22, 2024): Defendant 18 Paradise files Amended Answer and new Counterclaim against Plaintiffs.
Case Update (January 26, 2024): Defendants, MJ Management, O’Bryan, and Williams file Motion for Partial Summary Judgment seeking dismissal of O’Bryan and Williams.
Case Update (January 26, 2024): Defendants jointly file a Motion for Partial Summary Judgment seeking dismissal of Plaintiffs’ CPA claims.
Case Update (February 6, 2024): The Court grants Leave to Amend requested by Defendants, MJ Management, O’Bryan, and Williams. Amended Answer and Defendant Class Action Counterclaim filed.
Case Update (February 7, 2024): MJ Management files Amended Answer and Defendant Class Action Counterclaim.
Case Update (February 7, 2024): The Court grants the right for Defendants to collect interest on unpaid balances.
Case Update (March 8, 2024): The Court enters a decision on the Defendants’ Motion to Disqualify Class Counsel and Other Relief providing further protection orders and sanctions to Class Counsel in the amount of $4,000.00.
Case Update (March 21, 2024): The Court enters decision on 18 Paradise and MJ Management’s Motion for Partial Summary Judgement Dismissing CPA Claims, Dismissing MJ Management, O’Bryan, and Williams as Defendants from Case.
Case Update (March 22, 2024): The Court orders Plaintiffs to pay attorney’s fees and costs to Defendant, 18 Paradise of just over $11,000.00.
About Attorneys for MJ Management
MJ Management, Mick O’Bryan and Josh Williams are represented in this case by Jeffrey Possinger, of Possinger Law Group, PLLC from Woodinville, Washington, and attorney Reid Meyers from Anacortes. Both lawyers bring to this case extensive experience with complex and high-stakes (or high-profile) litigation. Mr. Meyers has significant experience in the golf industry.
Links
Plaintiff’s Page
Intervenors Page
News Stories
- Lynden Tribune, Homestead suit now class-action of 100s of parcel owners (June 23, 2021)
- Lynden Tribune, Scholten father and son willing to run golf course, but not until lawsuit is gone (October 26, 2022)
- KGMI, Homestead Golf Club closes after dispute over maintenance fees (August 4, 2023)
- Possinger Law Group, Possinger Law Group Appears in Contentious Homestead Golf Course Litigation (August 9, 2023)
- Possinger Law Group, MJ Management Seeks Defendant Class Action Counterclaim in Ongoing Homestead Community Litigation (October 31, 2023)
- Lynden Tribune, Former Homestead managers seek to collect fees owed (November 16, 2023)
- Possinger Law Group, MJ Management Wins Major Victory in Homestead Golf Course Lawsuit (March 22, 2024)
- Lynden Tribune, Homestead lawsuit goes to trial on April 30 (April 24, 2024)
