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Question: You are a newly hired general manager for a new golf course, Whispering Pines (WP). The members show you a threatening letter they recently received from Willow Wellwater (WW), a Pennsylvania water company.WW claims it has water infrastructure on your golf course. The infrastructure was built by Denise Developer (DD), who previously owned the land on which the golf course sits. DD built the course and developed homes on the surrounding property. The golf course and the homes straddle the Missouri/Kansas state line in suburban Kansas City.
DD intended the water infrastructure to serve both the golf course and the surrounding homes. DD sold homes to willing buyers, and she also included in the price of the homes a membership to WP. All contracts for sales of homes and for golf course membership were silent on the water infrastructure. DD then sold the water system to WW.
WW threatens to shut off water to the homes and to the course. WW claims the facts are indisputable and, therefore, WW will be filing a lawsuit in federal court with a motion for summary judgment, asking for an injunction preventing WP and its homeowners from accessing WP's water supply and infrastructure.
Explain to the membership WP's options, and each options' strengths and weaknesses, in trying to resolve this dispute. Please include an explanation of any alternative dispute resolution (ADR) options.
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