BELLINGHAM, WASHINGTON

Litigation surrounding the Homestead Farms Golf Course and over 600 of the homeowners of this exclusive neighborhood in Lynden, Washington, has been raging for over three years. Last week, Jeffrey Possinger of Possinger Law Group of Woodinville and Anacortes attorney Reid Meyers appeared in the case on behalf of MJ Management, LLC, its owner, Mick O’Bryan, and former owner Joshua Williams. Prior to the lawsuit being filed, MJ Management had managed the golf course since 2017.  “We are pleased to come into this case and represent MJ Management, Mr. O’Bryan, and Mr. Williams.  MJ Management has been financially ruined as a result of this dispute.  What is particularly heartbreaking here is that Mr. O’Bryan has devoted his entire business career to Homestead Farms and cares deeply for that community”, said Possinger. Reid Meyers is a seasoned litigator with significant experience in the golf industry.

Homestead Farms is a residential golf course community that is made up of over 600 homes. The case, which was originally filed in May 2020, was initiated by a group of 11 homeowners who were unhappy with an increase in the monthly maintenance fees to maintain the golf course and residential common areas. Although many Homestead Farms community members have said the monthly fees are an appropriate cost of sharing the benefits of a maintained golf community, the plaintiffs disagreed and obtained certification to bring suit as a class action against both MJ Management and the owner of the golf course property, 18 Paradise, LLC. Mick O’Bryan has been connected to Lynden and the Homestead Farms Golf Course in various capacities for nearly 31 years. He and his family live near the facility.

A jury trial before Judge David Freeman in Whatcom County Superior Court had previously been set to begin on September 6^th of 2023, but with the appearance of new counsel for MJ Management, the trial date has been postponed indefinitely, likely into Spring 2024.  At a hearing that was at times acrimonious, Judge Freeman demanded that the parties, including the homeowners of the residential golf community, remain civil with each other despite the rising tensions.

Because of the ongoing litigation and non-payment of monthly maintenance fees, MJ Management was forced to cease operations and the golf course was closed as of August 1st. MJ Management had both managed the golf course and provided maintenance to the residential common areas, which included maintenance of environmentally sensitive areas located within the property created under a Planned Residential Ordinance established in the 1990’s. With the closure of MJ Management, it is unclear who will provide maintenance to the community going forward, or when residents can expect to see the course reopened.

09/07/2023 Update: A website has been launched, in order to better inform the public on this ongoing litigation. Readers can find additional information, updates, and insights here.

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