A brush fire scorched 20 acres of the Signature at West Neck golf course in Virginia Beach, Va. that closed in 2019. In addition to issues with an 8-foot-tall metal fence erected behind some homes, the neighborhood association argues that the course now being used to farm trees is not allowed under the association rules.

A brush fire that scorched 20 acres of the now-defunct Signature at West Neck golf course in Virginia Beach, Va. has some neighbors concerned about the upkeep of the property, The Virginian-Pilot reported. 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 Virginian-Pilot reported. 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, The Virginian-Pilot reported. 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, The Virginian-Pilot reported. 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, The Virginian-Pilot reported.

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, The Virginian-Pilot reported. 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 told The Virginian-Pilot. 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.

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, The Virginian-Pilot reported. 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 Virginian-Pilot reported. 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, The Virginian-Pilot reported. 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.

WC Capital, which LaClair also owned, bought the golf course at a foreclosure sale in 2020 for $2.3 million, The Virginian-Pilot reported. 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, The Virginian-Pilot reported.

“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 e-mail.

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, The Virginian-Pilot reported. 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, The Virginian-Pilot reported. Harrison & Lear has been gathering public input on possible future development options.

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