City Council denies appeal of Prescott Preserve ruling, urges resolution of property disputes

The Palm Springs City Council voted Thursday to deny appeals against the Prescott Preserve project, allowing Oswit Land Trust (OLT) to proceed with plans to convert portions of a former golf course into a nature preserve. The decision comes despite ongoing legal disputes over property ownership and lease agreements.

The council’s 4-0 vote, with Councilmember Christy Holstege recused, approves a minor amendment to Planned Development District 153, permitting the restoration of approximately 90 acres of the 120-acre former Mesquite Golf Course into native desert habitat. The amendment had earlier been approved by the city’s Planning Commission.

“We all want to see this preserve go forward,” said Mayor Pro Tem Ron deHarte as he crafted a motion that helped the project move forward. “That’s what I hear from the community.”

The project faces challenges due to a complex ownership structure, including leased land and easements with golf course-specific terms. New Mesquite Homeowners Association (NMHA) and Desert Chapel appealed the Planning Commission’s July approval, citing concerns over property rights and the scope of the proposed changes.

Chris Thomsen, an attorney representing NMHA, argued that Oswit lacks authority to alter the use of certain parcels.

“As to three of those five parcels, Oswit owns a subleasehold interest, which provides that Oswit may operate those three parcels as a golf course,” Thomsen said. “It speaks and provides no authorization for Oswit to operate those parcels as a preserve.”

Jane Garrison, founder and executive director of OLT, emphasized the project’s community benefits and the urgency to begin work while disputes are resolved.

“Without the city approval, we cannot plant one tree,” Garrison said during a public hearing over the appeal. “We cannot take out any dead trees. We cannot take out dead grass. We cannot make it safe and accessible for the public.”

A $7.2 million restoration grant for the preserve is also pending, Garrison said, contingent on resolution of legal and ownership issues and the city’s willingness to allow the project to proceed. Councilmembers expressed concern that denying the project could jeopardize the funding opportunity.

“We want them to be able to go forward and apply for the grant,” said Councilmember Lisa Middleton as the council deliberated the appeals. “There’s no good options in front of us at all.”

The council’s decision aims to balance community desire for open space with legal complexities of land ownership. Members urged all parties to resolve disputes quickly to allow the preserve project to move forward.

“I think everybody wants this resolved,” said Mayor Jeffrey Bernstein. “And I think from a city point of view, we need to be indemnified because we don’t want to be spending hundreds of thousands of dollars on a lawsuit from somebody either.”

The approval includes full indemnification for the city against potential litigation costs. The condition was a key factor in the council’s decision to deny the appeals and approve the project in its entirety.

City Attorney Jeff Ballinger confirmed that Oswit has agreed to the indemnification terms, protecting the city from legal expenses in potential challenges to the council’s decision.

Some councilmembers initially considered approving the project only for parcels owned outright by Oswit. However, concerns about grant eligibility and project cohesion led to the comprehensive approval.

The council’s decision allows Oswit to proceed with restoration plans on land it owns, while ongoing disputes over leased parcels remain unresolved. City officials hope this will incentivize all parties to negotiate a solution.

“I think now it’s incumbent upon them to resolve it with the owners,” Bernstein added.

The Prescott Preserve project aims to create public open space with walking trails and native vegetation. Supporters argue it will provide environmental and recreational benefits to the community.

As the meeting concluded, councilmembers reiterated their desire to see the preserve become a reality, urging all involved parties to work diligently towards resolving remaining legal issues.

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