Grand Island Homeowners Association to file lawsuit against Lee Commission

LEESBURG — Plans to move forward with the proposed construction of a new 50-bed private hospital at the Grand Island Golf Course property in southern Lee County could take a hit this week once the Grand Island Subdivision Homeowners Association files a planned lawsuit against the Lee County Board of Commissioners.

Homeowners Association president and local obstetrician Dr. John G. Ricketson confirmed Monday that the property-owner group is planning to file a lawsuit some time this week alleging that the construction of the $50 million hospital would violate an easement set up by Grand Island developer John Gay in 1995.

According to Ricketson, a perpetual easement was granted by the developer to the property owners stating that “no natural or artificial barriers blocking the view or sight from the adjacent properties shall be constructed or created on the golf course property without the written permission of all the property owners.”

“(The easement) says perpetuity, which means forever; it will provide for the preservation and enhancement of the adjacent properties,” said Ricketson. “We feel that’s any obstacle and that includes a three-story hospital.”

Ricketson said the homeowners association’s lawsuit does not argue that a hospital cannot be built on the golf course property, acknowledging that the easement does not limit the property’s use.

“It doesn’t have to remain a golf course,” Ricketson said. “There are no provisions in any covenants that say the golf course has to remain a golf course. They (the commissioners) are saying they can do what they want to do. Our basic objection is that we do feel (the hospital) violates the (easement restriction that) no natural or artificial barrier will be built. It’s pretty simple. It’s not a big, big dispute.”

Ricketson added that the Homeowners Association notified the commission of its intent to file a lawsuit with an ante litem notice on Sept. 22 in hopes that commissioners would meet with the homeowners to discuss the easement and a supposed verbal agreement that was made between the county and the developer in 2005 stating that the county could do anything it chose with the property, disregarding the easement.

“We have asked them, ‘Is there a document we can go to that shows that the easement is disallowed?’” said Ricketson. “It seems simple to us for them to sit down with us. They have ignored (the ante litem notice). They never sent us a ‘We got it,’ they never sent us a ‘Let’s sit down and talk.’

“This is not a threat. There is no threat. Without a response, we have to file the suit.”

Ricketson was adamant that the Homeowners Association has tried to avoid filing the lawsuit, but that the lack of response, outside of a few association meetings during which some members of the commission came to discuss the hospital project, the association was proceeding.

“We don’t want to do this,” said Ricketson. “This is the last thing we want to do.”

Ricketson said 52 of the 62 property owners in the association have contributed to a legal fund for the lawsuit and that attorney David Orlowski is representing the association.

Ricketson said he wanted to address rumors that he was acting on behalf of Phoebe Putney Memorial Hospital, which would be in competition with any new hospital built in the area. He said he was not acting on Phoebe’s behalf. He also said he was not acting on his own behalf as a property owner, saying that he recently liquidated several of the properties he owned in the subdivision.

“I am in no way connected with Phoebe,” he said. “I’m not doing this for Phoebe. I’m doing this for 62 homeowners. I was elected to do this. This is not a vendetta. I don’t really have a dog in the fight.”

When asked for reaction to the proposed lawsuit, Lee County Commission Chairman Rick Muggridge said he had been notified by Ricketson of the intent to file a lawsuit and that the county was prepared to defend its position.

“Lee County will vigorously defend any lawsuit brought forward,” Muggridge said. “We feel comfortable in our position. As far as the legal points, I’ll tell you the county is comfortable in our position.”

Muggridge also said that county leaders have engaged in discussion with Grand Island homeowners, even before news of the proposed hospital was made public.

“They were told (about the hospital development plans) before we went public with what the plans were,” he said. “We revealed what we knew about the plans.”

Muggridge said he had met with the Homeowners Association on at least two occasions, as had fellow Commissioner Billy Mathis, to make sure they were kept abreast of any developments and to help put their minds at ease about any impact the project would have.

“We’ve tried to be very open and honest in our communications,” Muggridge said.

Mathis confirmed that he has met with property owners and that it is his desire for residents of that neighborhood to be comfortable with what is going on with the hospital development.

“I was disturbed to hear (about the lawsuit) because we have talked to the residents of Grand Island on a number of occasions,” said Mathis. “I have met with the Homeowners Association on at least two occasions. And I, personally, have had lunch with (Ricketson) and his lawyer to discuss the matter. I not only had lunch with he and his lawyer, I bought lunch. John and I and his lawyer talked extensively about the situation.”

Mathis added that, in addition to feeling “very confident” in the county’s legal position, he also believes the addition of the hospital will be a boon, not only to Grand Island residents and Lee County citizens, but to all of Southwest Georgia.

“This hospital will be the best thing that’s happened to this community for a long, long time,” he said. “And by community, I mean the entire Southwest Georgia area as well as the Grand Island property owners.”

Muggridge added that despite the lawsuit, he and the rest of the commission fully support the project.

“The board’s purpose is singular,” he said. “We want to do what’s best for Lee County. We also believe this is best for the residents of Grand Island. When it’s built, the hospital is going to be a grand jewel in the crown of Lee County.”