FOR IMMEDIATE RELEASE
Mill Creek Golf Course secures $3.5 million judgment for the mismanagement of the golf course
Geneva, IL – June 28, 2024 – Mill Creek Golf Course, represented by attorneys Matthew Herman of Meyers and Flowers and Robert Minetz of Latimer LeVay Fyock LLC, have secured a significant judgment against three companies for their mismanagement of the golf course. The federal court jury and judge has ruled in favor of Mill Creek Golf Course, awarding a total of $3.5 million against Evergreen Alliance Golf Limited LP, Premier Golf Management Inc., and Premier Golf EAGL GP LLC Inc. After accounting for costs, attorney’s fees, and pre-judgment interest, the final amount is expected to approach $5 million.
The lawsuit, initially filed in February 2019, stemmed from a 20-year lease dating back to 1998 when Mill Creek Subdivision was being built in Geneva, IL. As part of the lease, the tenant was required to maintain the course and buildings in comparable condition to Tanna Farms and Orchard Valley golf courses, with the provision that failure to do so would void a large rent reduction provided by the Second Amendment executed in 2012.
Despite continuous communication and reports from 2015 to 2018 highlighting the necessary maintenance, the course was not kept in comparable condition. Issues included poor turf maintenance, dead trees, and invasive species causing stormwater management problems.
In September 2018, a Notice of Default was served due to the uncured conditions, but the defendants maintained the course was in comparable condition. The course was returned to the landlord in December 2018 in a state that required significant repairs, leading to its closure from 2019 to half of the 2021 golf season.
“The condition of the course upon its return was significantly deteriorated from when it was originally leased” stated Attorney Herman, who representing the golf course owners Shodeen Group LLC. “It was not in a condition suitable for public use, which necessitated its closure and an investment of over $1 million in repairs.”
After a seven-day jury trial, eight jurors unanimously found in favor of the plaintiff. The awarded amount reflects the voided rent reduction due to the tenant’s failure to uphold the lease terms.
Mill Creek Golf Course now looks forward to moving on from this chapter and continuing its operations under the management of Golf Visions Management Inc.
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About Mill Creek Golf Course: Mill Creek Golf Course is a premier golfing destination located in Blackberry Township, IL, featuring 18 holes, two practice holes, a short par three course, and a driving range. Managed by Golf Visions Management Inc., it aims to provide exceptional golfing experiences for all levels of golfers.
About Meyers & Flowers
Led by Illinois Top 100 Super Lawyer and former President of the Illinois Trial Lawyers Association, Peter J. Flowers, the Meyers & Flowers’ team of experienced trial attorneys routinely take on large challenges and succeed. For more than two decades, the firm has represented clients both locally in Chicago and nationally in a full spectrum of cases involving catastrophic personal injuries, medical malpractice, product liability and corporate litigation.
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