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Chattahoochee River Club Quiet Title Litigation

There are 619 households in the Chattahoochee River Club Subdivision that are directly affected by the ongoing disupte between Mommies Properties, FH Partners (Mommies' lender), CRC's Homeowners' Association and John Richards, who chose to take matters into his own hands by threatening Mommies and Bose with litigation and encouraging Forsyth County to interfere with their legitimate attempts to conduct a going concern business on the equestrian center property.

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The Relevant Issues

Mommies has been attempting to modify the current zoning of the equestrian center to allow for the operation of a going concern business that will continue to be in harmony with the overall neighborhood and the CRC HOA and various individuals have opposed these efforts, lodging complaints with Forsyth County,

Why a Quiet Title Action?

The purpose of a quiet title action is to remove a cloud on the title to real property that affects its marketability and the HOA's insistence that the real property owned by Mommies is burdened by various easements and restrictions has made this filing by Mommies, Bose and FH Patners necessary.

Status of the Quiet Title Action as of March 9, 2018

620

Possible Defendants

2

Defendants Served with Process

2

Signed Quitclaim Deeds

618

Additional Signatures  Needed

Legal Pleadings

The HOA contends that Mommies is obligated to operate an equestrian center on its property and has taken that position in official filings with Forsyth County, For this proposition, the HOA relies upon an Agreement Regarding Development that both (i) has lapsed by its terms, and (ii) was never in its chain of title. Since the HOA will not abandon its position, Mommies has been forced to seek redress in court. Learn more...

Communications

The communications between the parties and their counsel speak for themselves and are worthy of your consideration and review. CRC owners should inform themselves about the things that actually matter and are encouraged to review everything on this site carefully so that they will be able to make an informed decision regarding whether it makes sense for them and their families to participate in this litigation. Learn more...

Recorded Documents

There are a number of recorded legal documents that affect the relative rights and obligations of Mommies, the CRC owners and the general public. We have done our best to analyze and explain them in the context of the issues to be addressed in the quiet title action. Unfortunately, the HOA will not listen to reason and its bad faith actions are causing Mommies, Bose and FH Partners unnecessary trouble and expense. Learn more...

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Overview of Issues as Presented in Public Hearings

To help residents of the neighborhood understand why this litigation had to be filed, we have distilled over seven hours of video from public hearings down to a 31 minute video which you should review in full.  For additional relevant background information that will provide you with some context for the video, click this link.

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Kangaroo Court Proceedings before the ZBA

As properrty owners in Forsyth County, the way that both our Board of Commissioners and its captive Zoning Board of Appeals treat citizens with bullseyes on their backs should be of grave concern to all, especially since any one of us could be next if the County decides to get involved in what should remain private affairs.  Learn more...

The Next Pending Deadline is:

Motions Hearings before the Honorable Jeffrey S. Bagley in Zone of Boarding Appeals Litigation

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