For purposes of this litigation, there are three different documents that affect the title to the Equestrian Center Property and it is important for property owners to understand those documents in order to make informed decisions regarding this litigation. The relevant documents are: (i) Agreement for Real Property - 3/28/1996 - Restrictive Covenants and Conditions dated May 17, 1996 (the "Trail System Easement Agreement"); (ii) Easement Agreement dated December 18, 1997 (the "Neighborhood Infrastructure Easement Agreement"); and (iii) Agreement Regarding Development dated December 21, 2000 (the "Agreement Regarding Development"). One need only look at the dates of the three documents to understand the developer's original intent regarding the overall development scheme for the Chattahoochee River Club, which was created adjacent to the Chattahoochee River National Recreation Area ("CRNRA").

The Trail System Easement Agreement established a series of trails through the CRNRA to be accessible in perpetuity by the property owners who live in CRC and the general public, including access to the trout hatchery and Bowmans Island. Those trails are maintained by the CRC HOA as successor-in-interest to the developer.

The Neighborhood Infrastructure Easement Agreement is what created the CRC development itself, including the roadways and utilities that serve the neighborhood. The developer held-out 18.409 acres of real property at the end of Bentwood Drive upon which it constructed a horse stable and accompanying pastures (the "Equestrian Center Property"), with the idea being that it could be operated as a going concern and, while not specifically dedicated as an amenity, would be a "selling point" for the neighborhood. The Equestrian Center Property was separately zoned commercial business district (CBD) with an "equestrian purposes only" conditional use.

The developer of the Equestrian Center Property entered into the Agreement Regarding Development with Linda Allen, who ran a horse business on the Equestrian Center Property until 2005, when she became ill and died. Mommies purchased the Equestrian Center Property from Ms. Allen's son, who was in his mid-20's at the time and did not know anything about the property. The Agreement Regarding Development was not in Mommies chain of title when it purchased the property, having been recorded two years after the Allen to Mommies transaction.

The pertinent provisions of the Agreement Regarding Development are as follows: (i) the Equestrian Center Property is required to be maintained and used solely as an equestrian center; (ii) the owner was obligated to (A) operate the property as an equestrian center through December 22, 2016; (B) maintain and provide a minimum of 12 horse stalls for the sole use of residents of CRC at no more than market rates of cost; and (C) operate the equestrian center in a good manner, keeping the grounds and buildings thereon clean and in good condition; (iii) the property could not be transferred without paying off the underlying owner financing; and (iv) future transfers had to include the same conditions. (Agreement Regarding Development, Paragraph 1). Paragraph 3 of the Agreement Regarding Development includes a requirement that the owner of the Equestrian Center Property convey any or all of the property under present or future status as wetlands or similar designation to the National Park Service or similar non-profit group.

If Mommies would have been aware of the Agreement Regarding Development at the time it was looking at the Equestrian Center Property, it would not have purchased the property.