Whitewater

Creek homeowners will regroup and talk about what to do next, now that

the Fayette County Commission has refused to get involved in the neighborhood's

dispute with its developer.

"We're

not anticipating legal action at this time," said George Nowack Jr.,

a lawyer representing the Whitewater Creek Homeowners Association, told

The Citizen. "We'll just have to sit down and talk about it."

Public access

to their neighborhood is what brought about 50 homeowners to last week's

commission meeting to ask for help. Nowack said the zoning documents that

helped create Whitewater Creek in 1983 promised an exclusive country club

community with access controlled by security guards.

Homeowners

even took over ownership of the neighborhood streets, and the cost of

maintaining them, to keep the community private, he said.

But developer

Robert Brooks not only has allowed outside membership in the community's

country club, but also has opened The Wysteria restaurant, which is open

to the public, on the grounds.

"There

is no control, no limitation on visitors or access to the country club,"

said Nowack, who added that the promises of exclusivity were included

in the PUD (planned unit development) zoning for the community.

Members of

the Homeowners Association have been trying to negotiate with Brooks to

stop the public access, but to no avail, said Margaret Suggs, president

of the association. "We've tried a lot of different ways" to

solve the problem, she said.

The association

finally filed complaints with the county marshal's office, and the marshals

asked for a ruling from County Attorney Bill McNally on whether the public

access constitutes a violation of the county zoning ordinance.

McNally said

it doesn't.

Homeowners

appealed to the County Commission to direct the marshals to take action

against country club owner Brooks, but the commissioners followed McNally's

advice.

"Over

the years we have allowed changes to be made at Whitewater. It's a matter

between the Whitewater Creek association and the ownership of the country

club itself. There is not a violation of the zoning ordinance," McNally

advised the commissioners.

Nowack complained

that he has never received McNally's decision in writing, but McNally

said it's his job to advise the commission, not to render legal opinions

for public consumption.

Commissioners

turned down Nowack's request that McNally be directed to write a letter

explaining the legal reasoning behind his opinion. "I'm against drafting

a legal response when there is potential litigation," said Commissioner

Linda Wells.

Wells and Commissioner

Herb Frady both said they don't believe there's been a violation of zoning

laws.

Commissioners

Harold Bost and Greg Dunn abstained from the discussion, because Bost

is a resident of Whitewater and Dunn is a former resident and still a

member of the country club.