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Remedies Keyed to Tabb, 8th
Geddes v. Mill Creek Country Club, Inc.
Citation:
751 N.E.2d 1150 (2001)Facts
In 1986, plaintiffs purchased 16.5 acres in Kane County for residential and agricultural purposes. Sho-Deen, Inc., was developing approximately 1,450 acres as a planned unit development called Mill Creek Development, which would surround plaintiffs’ property and include a golf course. Between 1992 and 1994, plaintiffs negotiated with Shodeen regarding the development’s impact on their property. The original concept plan placed single-family residences adjacent to plaintiffs’ western boundary, with a golf course fairway facing those residences. Plaintiffs objected to housing adjoining their property and were given options including a bicycle path, housing, or the fairway. Plaintiffs chose to have the fairway abut their western boundary. On June 3, 1994, plaintiffs and Sho-Deen signed an agreement that specifically referenced “the golf course fairway that borders the Geddes’ western property line” and provided for an eight-foot chain link fence, landscaping, and other accommodations. The agreement contained multiple references to the golf course. Larry Geddes publicly endorsed the agreement at a county development planning committee meeting. The golf course opened in 1996, and during 1997-1998, plaintiffs collected 2,128 golf balls on their property, some landing as far as 300 feet from the western boundary.
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