As many may not be aware, the West Neck Community (“WNC”) has been engaged in prolonged litigation with JBWK for about 5 years.  WNC has spent close to $200,000 in legal fees to protect our interests, namely to have JBWK take responsibility for maintaining the former golf course land which is a centerpiece of our community.

On February 24,2026, we received the final outcome of our legal efforts,  namely a ruling from the U.S. Court of Appeals, Fourth Circuit, which states, in relevant part:

Section E. Enforcement of the Declaration:

“The final issue we address is whether the Declaration grants the Association power
to enforce its rules against the Declarant. The text of the Declaration neatly resolves this matter as well. The first page of the Declaration, in Section 1.1, the “Purpose and Intent,” states, “[a]n integral part of the development plan is the creation of [the Association] . . . to enforce this Declaration and the other Governing Documents.” J.A. 55.”

And later in this same Section E, the Court concludes:

‘The Association exists by virtue of the Declaration. Its interest in the community is not as a private property owner but as “[a]n integral part of the development plan” and “the primary entity responsible for enforcement of the Governing Documents.” Id. at 55, 74 (emphasis supplied). Therefore, if the Association acquired an interest in West Neck when it was created by the Declaration, that interest necessarily extends to the golf course because the golf course is part of the “development plan.” Id. at 55. And since the Association has an interest in the golf course, it can enforce the Declaration’s rules against the owner of the golf course.”

Having been finally determined that WNC Association has the right to enforce proper maintenance of the former golf course property, the WNC Association will be taking enforcement action in accordance with our Declaration. This enforcement action will be to properly maintain the former golf course grounds resulting in elimination of the current unsightly appearance as well as mitigate infestation and fire risks.  

This is simply all of what the majority of WNC residents, as well as the adjacent Indian River Plantation residents truly want.  The City of Virginia Beach, therefore has no reason to allow a change of zoning from Preservation Land.  We again strongly  urge the City Council to DISAPPROVE the Harrison and Lear application.