Fire at defunct Virginia Beach golf course renews concern over property upkeep, including ‘spite fence’

VIRGINIA BEACH — A recent brush fire that scorched 20 acres of a now-defunct golf course in Virginia Beach has some neighbors concerned about the upkeep of the property.

It’s not the first time they’ve been at odds with the owner of the Signature at West Neck in the southern part of the city. Maintenance of the Arnold Palmer-designed golf course has been the subject of at least two lawsuits since it closed in 2019.

The West Neck Community Association filed a lawsuit last year against the golf course owner contending it erected an 8-foot-tall metal fence and planted trees without permission from the association, according to attorney Jeffrey Hunn, who represents the neighborhood organization.

The “spite fence,” as resident Tom Luckman calls it, showed up behind his house two years ago after he and other neighbors complained to the golf course owner and the city about the overgrown weeds.

Parts of the former golf course property, which was built in 2001, are being used to farm trees. In addition to the issues with the fence, the neighborhood association argues that such a farming operation is not allowed under the association rules. They also contend the owner is not taking proper care of the property, according to Hunn.

In 2021, the city of Virginia Beach sued the owner, W.C. Capital, for not maintaining the golf course land. They reached a settlement agreement before it went to court. The agreement requires W.C. Capital only to trim the flat portions of the former fairways and areas along the public right of way.

It does not require the company to cut behind the residences.

Tom Luckman and his fellow Villages of West Neck residents never expected the Arnold Palmer-designed golf course that weaved through their neighborhood to close two years ago. Nor did they think the new owner of the land would let it become so overgrown and overrun with wildlife. Most recently, the owners of the property erected a tall metal fence to block the view of some neighbors who have complained. This photo was taken Oct. 19, 2021. (Stephen M. Katz/The Virginian-Pilot)

Luckman lives in the Villages of West Neck, which has 934 homes for residents 55 and older and was one of eight residential villages built to complement the golf course. He thinks the overgrown weeds behind his house fueled the fire earlier this week, and is concerned about his safety.

The association reached out to the city this week to discuss the “seriousness of the hazard” and to see if anything can be done to control the overgrowth of weeds, Luckman said.

He can see the scorched ground from his next door neighbor’s house.

“I can’t see it from mine because of the fence,” he said.

[ ‘Spite fence’ angers neighbors of West Neck golf community in Virginia Beach ]

After Luckman, who is vice president of the community association, and a couple of neighbors complained in 2021, the owner put the fence up behind their individual houses. It stops at the edge of Luckman’s property line and starts again a couple doors down.

At that time, the West Neck Community Association unsuccessfully tried to have the city remove the fence to no avail.

The association believes that its governing documents preclude the golf course owner from putting up a fence. They contend the owner didn’t get permission to build it and must remove it, according to Hunn.

The lawsuit filed by the community association for the first time identifies the owner of the 158-acre golf course property — JBWK LLC., of which David LaClair, 42, is the sole member. An attorney representing the golf course previously declined to name the owner. LaClair used to live in Yorktown, but now resides in Florida, according to court records. LaClair is the former president of Insignia Technology Services, a defense contracting business in Newport News.

A swath of the former golf course at West Neck recently burned. It's seen Wednesday, March 8, 2023. (Stephen M. Katz/The Virginian-Pilot)

WC Capital, which LaClair also owned, bought the golf course at a foreclosure sale in 2020 for $2.3 million. The property is assessed by the city for more than $4.2 million, according to court documents. WC Capital merged with JBWK last summer.

John McIntyre, JBWK’s attorney, declined to comment on the pending lawsuits.

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The origin of the fire is under investigation by the city.

“JBWK is obviously very troubled that someone would go to these lengths to damage its property, but again is not in a position to comment pending the results of that investigation,” McIntyre wrote in an email.

McIntyre has filed a federal lawsuit on behalf of the golf course owner to hash out whether the property is subject to the community association’s rules, among other issues, according to court documents.

Both parties are waiting to determine if the federal or state court will hear the cases.

Meanwhile, Harrison & Lear, a Hampton-based real estate and commercial development company, has an agreement with the owner to buy development rights for the golf course, according to documents provided to members of the homeowner’s association. Harrison & Lear has been gathering public input on possible future development options.

The Pilot left a voicemail message for Jonathan Lear, the company’s president, but has not heard back.

Stacy Parker, 757-222-5125, stacy.parker@pilotoline.com