Play Live Radio
Next Up:
0:00
0:00
Available On Air Stations
Watch Live

Economy

Judge Rules Against Escondido In Battle Over Golf Course

Judge Rules Against Escondido In Battle Over Golf Course
Vista Superior Court Judge Earl Maas III issued a ruling Friday that is a blow to Escondido residents hoping to preserve a golf course as open space.

A developer who wants to build houses on a now closed Escondido golf course has won the latest round in a court battle.

Vista Superior Court Judge Earl Maas III issued his ruling early Friday, invalidating a city ordinance that designated the golf course as open space.

“Clearly the purpose of the ordinance was to defeat any housing project for the golf course by amending the general plan to designate SITR’s property as 'Open Space-Park.'" the judge wrote. "The ordinance unfairly discriminates against SITR’s property, and is therefore invalid."

Advertisement

However, the judge denied many of the plaintiff’s motions that argued the city’s decision to designate the land as open space was inconsistent with the city’s general plan.

The developer, Michael Schlesinger of Stuck in the Rough LLC, bought the Escondido Country Club in 2012 and closed it soon after, declaring it was not viable financially.

He proposed building hundreds of homes on the course. Neighboring residents collected enough signatures for an initiative which the city council adopted as an ordinance, declaring the golf course as open space. Since then the developer has been fighting to overturn the ordinance, saying it constitutes an unfair “taking" of the value of his property, since it was zoned for housing when he bought it.

In a statement, Schlesinger said “The court’s decision to restore the residential designation for the former Escondido Country Club site paves the way for the City, neighborhood homeowners, and ourselves as the property owner to resolve the future use of the site.”

Schlesinger has proposed two compromise development plans in the last year, but the city has refused to consider them unless he dropped his court case.

Advertisement

Mike Slater, president of the Escondido Country Club Homeowners Organization, said he is disappointed in the judge's ruling. He said the residents hope the city will decide to appeal the ruling since they legally collected the signatures required for the 2013 initiative that resulted in the ordinance the judge has ruled against.

Slater said organization's board might be willing to consider negotiating with the developer, but Schlesinger's past actions do not inspire trust.

The developer has offered to reduce the number of homes to 270 . Slater said no-one polled in the community has said they are willing to accept more than about 100 homes on a reduced size golf course, and they want to maintain the retirement community feel of the neighborhood.

Escondido’s city attorney has yet to respond to KPBS requests for a response to the ruling.