The case involving the Lake Elaine lake area property owners and Continental Country Club is ongoing. The merits of the case had been on hold while both sides endeavored to reach a workable resolution. When a resolution proved unachievable, Continental Country Club requested that the case be dismissed. The Judge recently concluded that the case could proceed, without commenting on the merits of the claims or defenses. Both sides will now work together on developing a Scheduling Order for the logical progression of the case, which may include draining Lake Elaine and studying the underlying conditions and options. We recognize that this proceeding was slowed due to the extended settlement negotiations, but it was important that both sides had time to explore whether a resolution was possible without the need for further court involvement. Since the Board cannot respond to individual inquiries on legal matters, we will periodically update you on the progression of this matter.
Since we are involved in active litigation, our legal team is very sensitive about making any further comments. However, what transpires in court is public information. If you would like to see the court filings, please reference Case No.: CV87-42997 in the Superior Court of the State of Arizona in and for the County of Coconino.