While the federal bankruptcy case involving Club West Golf Course has taken center stage, a lawsuit in state Superior Court filed against its owner by a former landfill owner who said he lost $350,000 continues to drag on.
Charges and countercharges have swirled around the lawsuit that William Day filed in February against course owner Inter Tribal Golf Association, its CEO Richard Breuninger, Club West Golf Management and a principal in the latter company named Christa Jones.
Day claims his investment was squandered, and said Jones may have used thousands on personal expenses. He also blames the defendants for failing to keep up with city water bills, ultimately causing a shut-off in service – triggering the course’s spiral of deterioration.
Breuninger said he had hired Club West Golf Management to run the course and was unaware of its day to day operation of the course.
In July he asked the court to dismiss the suit and both he and Jones have denied Day’s allegations.
Jones also has filed papers that accuse Day of taking close to $6,000 from the company to pay for his lawyer’s retainer in the lawsuit.
Among the papers filed in the case is a March 8 email that Jones sent to Breuninger that said she had resigned from Club West Golf Management “and transferred over the ownership to ITGA.”
“Club West at its best was a fun start-up but at its worst it was a hostile environment where I felt stuck until December,” the email stated.
A week before that email is dated, attorney Samantha Skenandore emailed Day, accusing him of “unlawfully engaging in golf management operations at Club West without a contract or authority for the same.”
Skenandore also wrote that Jones had frozen the company’s bank accounts “until legal authorities can investigate and resolve” allegations of “fraudulent and seemingly unauthorized activities” by Day.
She also warned Day, “we have no choice but to demand accountability, eject you from the premises and safeguard the business.”
In her response to Day’s lawsuit, Jones said that her office in the clubhouse “was open to everyone.”
“Paperwork was everywhere. I made no effort to hide anything as there was nothing worth hiding. Day had full access to any information he wanted or needed. I did not keep him in the dark. We talked regularly about what was happening.”
She also stated, “I did not use Club West money for personal expenses. Club West had no assets to pledge to anyone and no liens were filed on anything related to Club West. I paid the bills as best I could with the money we had. Was as surprised as anyone else about the water bill. To this day, I have not seen the water bill or any part of it.”
Breuninger has told AFN that the city was sending parts of the water bill to the addresses on five different meters and that’s why he never saw any bills until he was notified of the city’s plan to shut off service.
Jones in her answer to Day’s suit also said Day “and his wife spent hours in my office, which made me uncomfortable.”
“I did not act with an evil mind,” she said.
In a separate filing in the lawsuit on March 22, ITGA accountant Erik Becker said he talked with Day four consecutive days from Feb. 25 to Feb. 28 and that from those conversations he determined “Bill Day was taking the deposits home with him and putting them in his safe at home.
“I communicated to Bill Day that those funds did not belong to him and that he needed to deposit them into the bank account. My understanding was that he agreed to my demand.”
Day’s lawyer did not return a call requesting comment.
There is no indication in the court docket as to whether any hearing has been slated in the lawsuit.