Forward Paths’ plan to build homes for youth aging out of foster care on the site of the city’s shuffleboard courts is moving forward – at least for now – following a judge’s ruling denying a temporary injunction.

The Leesburg Shuffleboard Club sued the city in September after commissioners voted 4-1 to donate the site at the Palmetto Street sports complex.

Part of the legal battle resulted in the club seeking a temporary injunction to halt the transfer. But a judge denied the club’s petition on Nov. 24. The next day, Mayor Alan Reisman signed the transfer deed, according to City Manager Al Minner.

Attorney Anthony Sabatini, who is representing the club, said Monday he would have to talk to his clients, “and we’ll go from there.” However, he anticipates the case moving forward to a hearing next month.

The controversy has some wondering just how popular shuffleboard is these days.

“In all my years on the City Commission (seven), I have had people call me about all kinds of things, including a pothole, but I’ve never had anyone call to say they couldn’t get access to the shuffleboard court,” says Mike Pederson in an interview with Style Magazine.

The shuffleboard club presented commissioners with a petition of 892 signatures.

“These signatures reflect support for the following requests: halt any plans to demolish the shuffleboard courts, preserve the 24 courts and clubhouse at the Palmetto Street Sports Complex, and invest in maintenance and upgrades,” says Gail Howell, president of the club.

If anything, there is more support for building pickleball courts. “It’s a growing sport,” Pederson says.

Forward Paths plans to build ten tiny two-bedroom, one-bath homes to serve 20 youth.

“With our nonprofit, we serve youth who have aged out of foster care or who are at risk of homelessness,” Forward Paths President Jacob Bonynge told commissioners. “We are not asking for anything from the city’s budget to be applied to this building project. We will fund the project on our own entirely.”

Forwardpaths.org/housing

The sports complex includes recreation administration offices and tennis courts. Student housing for Beacon College students overlook the tennis courts.

The lawsuit claims it is illegal under the city charter for Leesburg to transfer property without a citywide vote.

Commissioner Jay Connell was the only no vote.

“Shuffleboard courts have been there for 50 years,” he says. “This is Forward Paths coming in and deciding they want our shuffleboard courts. I’ve never heard of an organization that is bold enough just to come in and say, we want a portion of your recreational property, give it to us. I’m open to donating other properties to them, but not our recreational property.”

But other commissioners took the position that it is not the club’s property. City officials say the club sometimes locked the gates so even city workers can’t get in to do maintenance, so the city fastened the gate with a “dummy lock.”

Sabatini acknowledges that providing homes for at-risk youth is “a higher purpose, nobody is against that,” but he criticizes what he calls “a snap decision.”

That is not the case, Pederson says. There were five meetings to discuss the issue including one where a man demanded the city fix the courts in time for shuffleboard season in October.

“They lost me right there,” he says.

Circuit Judge Heidi Davis cited case law in her motion to deny the motion for injunction.

A temporary injunction is “an extraordinary remedy that should be granted sparingly,” according to an appellate court ruling.

It calls for four essential elements to be proven: a substantial likelihood of success, lack of an adequate remedy at law, the likelihood of irreparable harm, and that injunctive relief will serve the public interest.

She ruled that the club failed to prove the elements.

Photos by Nicole Hamel