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A lawsuit has been filed against Lanier Golf Course in Forsyth County Superior Court under Michael D Peck vs Lanier Golf Club.  Attorney Bob McFarland aims to get class certification for this action.

The complaint cites ‘implied easement” exists with residents adjacent to the course, preventing the land from being used as anything but a golf course.  Implied easement is a concept that has some legal precedent in the county, such as the situation that forced the remediation of pine lake dam in 2005.  

McFarland has researched case history and has yet to discover a case that would substantiate a Wellstone assertion that implied easement does not apply here, although he has found several cases nationwide that have used implied easement in golf courses.

“If [Wellstone attorney] Doug Dillard comes up with a case that is right on point, I will give every consideration to dismissing this lawsuit” McFarland said.