Most of us remember President Ronald Reagan's "trust but verify" approach to nuclear disarmament in his negotiations with the Soviet Union to end the Cold War. All we are requesting of CRC residents is to take that same approach when considering the issues in the quiet title action and for those who do not want to muddle through everything, following is a fair summary of the relevant facts that explains as succinctly as possible why we need all of the neighborhood residents to sign a quitclaim deed in order to limit the scope and additional expense of the pending litigation:

Linda Allen bought the Equestrian Center Property from the original CRC developer and executed the Agreement Regarding Development (the "ARD"), which speaks for itself. The ARD most likely expired on December 22, 2016, although attorneys for the CRC HOA apparently argue otherwise. Ms. Allen passed away and Mommies Properties purchased the Equestrian Center Property from her estate, which was represented by her mid-20's son, Michael, in 2005. Neither Michael, Vinay Bose nor anyone else connected with Mommies or its original lender knew anything about the ARD. Bose and Mommies learned in the 2013 time-frame that in connection with demands made in a lawsuit by R.C. Acres against the same CRC developer in the 2007 time-frame, the developer discovered the original ARD in one of its files and recorded it that year. Under the attendant facts and circumstaneces, the Agreement Regarding Development does not have any effect on the Equestrian Center Property.

The Equestrian Center Property is zoned CBD (Commercial Business District) with an "equestrian related purposes" conditional use and will remain subject to that zoning until either (i) it is changed by the Forsyth County Commission pursuant to an application by Mommies Properties; or (ii) revised by a court decree in an appropriate action regarding same. In 2016, Mommies sought to modify its conditional zoning use to allow yoga in the loft area of the stable by filing an appropriate application with Forsyth County. This application was supported by the CRC HOA all the way up to the public hearing, at which time Bose was informed that the CRC HOA would oppose the request and he withdrew same.

Incoming Commissioner Laura Semanson was shadowing outgoing Commission Jim Boff and kept an eye on the entire process. That same year, the mobile home that had been located on the Equestrian Center Property for a number of years as a caretaker's residence was moved off-site and Mommies desired to make some repairs to it before bringing it back onto the property. Based on recommendations from Sawnee EMC, in 2017 Mommies applied for a residential power meter for the mobile home. At the same time, Sawnee EMC had to relocate and bury the exposed utility lines serving the stable. While those activities were taking place, the CRC HOA and some residents began making complaints to Commissioner Semanson and before long, the full might and weight of the Forsyth County government was being wielded against Mommies and Bose, effectively eliminating the horse business operation on the Equestrian Center Property.

In early 2018, Mommies applied for a permit to construct a caretaker's residence within the existing stable, a request that was resisted mightily by the CRC HOA, some CRC residents, Commissioner Semanson and Forsyth County. In addition to trespassing upon the property by crawling through the gate without a warrant and issuing stop work orders that kept Mommies from burying utility lines and growing grass in its pastures, Forsyth County also refused Mommies' request for dual 1,250 square foot per unit caretaker's residences and approved instead a mere 900 square feet of living space for two caretaker households (despite living in homes well in excess of the 2,500 square feet requested themselves, the CRC HOA representatives told the County Commission that the caretakers and their family members should be able to live in a space on private property that did not exceed 900 to 1,000 square feet and the County agreed).

The CRC HOA demanded access to the Equestrian Center Property and Commissioner Semanson took a personal interest in the matter, urging County employees to take action and expressing her frustration over the perceived lack of progress. Interestingly enough, the Commissioner declined to host a town hall meeting to help resolve the issues and Mommies and Bose filed suit against her and County Inspector Shane Pruitt on August 14, 2019 for various transgressions described in detail in a Verified Complaint for Injunctive and Other Relief.

As is its right, Mommies has challenged actions taken by the County which were upheld by the captive Zoning Board of Appeals and those matters remain pending in the Forsyth County Superior Court. In connection with proceedings before the Zoning Board of Appeals and the request for a modification of the equestrian purposes only conditional use, the CRC HOA and residents of the neighborhood have argued that they have unfettered access to the Equestrian Center Property pursuant to the Agreement Regarding Development and as a result of trails and signs having been on the Equestrian Center Property in the late 1990s and early 2000s.

Everyone needs to understand that none of Bose, Mommies or FH Partners dispute that the Equestrian Center Property is subject to a restrictive zoning or that the CRC HOA, the CRC residents and members of the general public have certain limited rights to it pursuant to the agreements affecting title. The main thing we are asking of the CRC HOA and the CRC residents individually is for them to withdraw their position that they have rights under the Agreement Regarding Development and the only way to accomplish this is either (i) the execution of a quitclaim deed by all involved (the least expensive alternative); or (ii) the entry of an appropriate final decree by Judge Bagley (the most expensive alternative). Accordingly, Mommies, Bose and FH Partners are requesting the execution and delivery of the quitclaim deed and they have sent a renewed request for cooperation to the CRC HOA and its attorneys.