The Delaware Supreme Court upheld a Chancery Court ruling that keeps land used for a golf course in Pike Creek Valley as open space or what some called a “phantom golf course.”
Owner of the property is Pike Creek Recreational Services.
The site may be best known as Three Little Bakers, which operated a country club and banquet property as well as the course. The golf course closed in 2010. Pike Creek wants to build homes on the property, a move opposed by residents. New Castle County sought to keep the land as a golf course or open space.
A release earlier this year from the Wilmington law firm of Morris James noted that the county spent more than $400,000 to halt development even though most of the existing homes in the area will continue to overlook open space.
The ruling calls for all but 38 of the 177 acres of property in the popular residential area that has seen no new development in decades to remain as open space. New Castle County Executive Tom Gordon thanked the attorneys who represented New Castle County, Max Walton, Esquire, of Connolly Gallagher, and County Attorney Bernard Pepukay.
“The office of law was proud to represent the interest of New Castle County Government and the people within the county,” said County Attorney Pepukayi. “I’m happy for all those whose quality of life has been preserved by the Court’s decision to enforce the applicable deed restriction.”
Pepukayi thanked Max Walton for his work and diligence concerning the matter.
“This is a victory for the residents in the Pike Creek Valley. The applicable deed restriction and open space serve as precious resources for our county, and should be protected for future generations,” a county press release stated.
The owner has various legal options. However, the ruling seems to stop the proposed project currently being proposed.
A changing economy and other factors have put golf courses under financial pressure here and elsewhere, leading to many closings and bankruptcy filings, as well as well as plans to convert the properties to new home developments.
Many years ago, legislators approved the purchase of golf courses in an effort to limit development.
More recently, the Newark Country Club property was the site of a proposed housing development.
Plans in the controversial proposal called for the course to move to property in nearby Maryland.
Plans for that development were later shelved and the club remains at its current site.
The decision and a similar battle over the former DuPont Barley Mill site puts the Gordon administration in the somewhat awkward position of pushing for a long-term economic development plan while remaining at odds with portions of the development community that can help make projects become a reality.
At the same time, members of the development community have noted the receptiveness of the administration in listening to their suggestions.
