On Friday, November 29, 2024, Ahwatukee Foothills News reported that the ongoing lawsuit concerning the future of the Club West Golf Course has seen a significant development with the abrupt recusal of Maricopa County Superior Court Judge Christopher Coury. This decision led to the assignment of Judge DeWayne Fox, marking the fourth judge to oversee the case in just three years.
Judge Coury’s recusal was formally announced on November 18, 2024, by Presiding Civil Judge Danielle J. Viola, who also stated that any hearings previously scheduled by Coury would be vacated and rescheduled. The timing of Coury’s recusal came just before a hearing intended to address arguments from Shea Homes and Shea Homes Limited Partner regarding their dismissal from the lawsuit, which has been in litigation for three years.
The lawsuit was initiated by the Club West Conservancy, representing over 2,400 homeowners, against The Edge, the current owners of the golf course, and Shea Homes. The Conservancy aims to prevent any sale of the 162-acre golf course property to homebuilders, asserting that prior marketing materials and home sales agreements from UDC Homes, which Shea Homes later acquired, guaranteed that the site would remain a golf course.
In his disclosure prior to the hearing, Judge Coury revealed that he had previously worked for three years under attorney William McManus at the law firm Ryley Carlock & Applewhite before his appointment as a judge. Coury noted that McManus has a role representing the defendants in the current case, though it was unclear whether he represents Shea Homes or The Edge. Coury described his relationship with McManus as one that could be perceived as a conflict of interest, prompting the recusal.
Coury emphasized that he had consulted with other judicial officers about his past working relationship with McManus and confirmed that he believed his actions complied with Arizona’s judicial conduct rules. He reiterated his commitment to fairness and impartiality throughout the proceedings.
Following Coury’s recusal, Judge Fox was assigned to the case and immediately set a hearing for November 27 to address the motion by Shea Homes entities seeking dismissal from the lawsuit. This move came as the trial was tentatively scheduled for late February 2025, although the timeline remains uncertain pending the outcome of the recent hearing.
The Conservancy, represented by attorney Colin Campbell and his team, has filed objections to The Edge’s request to exclude evidence related to the marketing and sales agreements that underpin their assertions about the golf course’s intended use.
Source: Ahwatukee Foothills News
