Antonio Caiati Don Luttrell Advertisement

AMI Management last week received an extension from the Nye County Commission until Dec. 31 to file an amended deed for Willow Creek Golf Course, extending a deed restriction mandating it remain a golf course for another 30 years, but only by a slim 3-2 majority.

Commissioners Butch Borasky and Joni Eastley voted in the minority against Commissioner Peter Liakopoulos' motion not to take action on a request to revoke the company's master plan amendment, zone change and conditional use permit for a hotel, casino and remodeled clubhouse.

The whole discussion could be moot, however, as a notice of trustee sale was posted the day before the meeting to sell 18 lots owned by Willow Creek Holdings, including the 9.1-acre clulbhouse site, at 11 a.m., Nov. 12, at the entrance to the Nye County Courthouse in Tonopah.

The estimated sale price is $7.5 million.

Commissioners will consider possibly rescinding the zoning change as part of a teleconference to be held at 8:30 a.m. tomorrow, Thursday, Oct. 30, at the county administration building. That follows the foreclosure notice.

Eastley scolded AMI Director of Operations Antonio Caiati at last week's meeting for failing to comply with the condition that he file the amended deed restriction demanded by commissioners last May in approving the conditional use permit.

A deed restriction mandating Willow Creek remains a golf course expires in 2013.

Caiati said his financiers pulled out after that permit was approved, after originally pledging $56 million. The golf course was closed Oct. 13.

"We weren't able to sign that deed restriction without having the proper financing in place," Caiati said. "If I cannot get the proper financing in place, I put a cloud on that title for the next 30 years."

Caiati told commissioners the intent of AMI is to provide a viable, usable golf course and nice property on which to live. He was apparently unaware or failed to inform commissioners about the foreclosure.

"What I'm asking from this commission is basically to give us enough time to put the financing in place and record that deed when the financing is in place," Caiati said.

The last time, Caiati said AMI put the cart before the horse in getting money in the bank before obtaining the conditional use permit. He suggested six to eight weeks would be enough time to line up financing.

Nye County Chief Civil Deputy Attorney Ron Kent said commissioners would be able to revoke the zoning change to general commercial if the property was sold.

"There's notices of default out there -- we never denied that -- but you have to understand our lender doesn't want the property back," Caiati said.

AMI Management is continuing to irrigate the course, Caiati said. He said Willow Creek Holdings is provided 650,000 gallons of recycled effluent per day from Utilities Inc. They only have to pay the pumping charges.

Don Luttrell, an opponent of the golf course project, disputed that statement, claiming Willow Creek Golf Course hadn't been watered since it was closed.

"There isn't enough time to tell you all the untruths and fabrications before this commission," Luttrell said.

A few neighbors disputed Luttrell's remarks about the watering.

Borasky assured neighbor Patty Grubbs the owners couldn't build housing on the golf course without first going before the Pahrump Regional Planning Commission.

Luttrell also disputed Caiati's claim that Willow Creek Holdings sold off some lots adjacent to the driving range and other parts of the golf course to an owner planning to build townhouses. The notice of trustee sale lists parcels that include the planned townhouse sites, Luttrell said.

"I have to disagree with just about everything you said," Eastley told Caiati. "You knew when that deadline was. You made no attempt to either create or have that document recorded, nor did you contact the county to let them know there would be a delay. You can't be trusted."

Caiati responded, "I scrambled and scrambled and scrambled to get paperwork in place."

Caiati said his investor went belly up and added that he can't go to the bank for financing and tell them he has an optional conditional use permit.

In a brief period of levity, Eastley scolded Caiati.

"I'm going to act like your mother. All you had to do was call us and tell us there were extenuating circumstances that prevented you from filing that amended deed," Eastley said. "No Nintendo for you the rest of the week."

Caiati said he could attend a status hearing in December. Borasky asked for automatic revocation if the restriction isn't filed Dec. 31.

Pahrump Town Manager Bill Kohbarger said the thought of the town taking over the property and making it a municipal golf course crossed his mind. He plans to suggest it to the Pahrump Town Board to see how it feels about the idea.