Geneva golf course wins nearly $3.5 million over mismanagement claims
A nearly $3.5 million judgment was leveled last month against three companies accused of mismanaging the Mill Creek Golf Course in Geneva, according to federal court records.
The judgment is against defendants Evergreen Alliance Golf Limited LP, Premier Golf Management Inc., and Premier Golf EAGL GP LLC Inc. for $3,469,564.
But according to Mill Creek Country Club attorney Matthew Herman, after costs, attorney’s fees and pre-judgment interest, the total likely will be closer to $5 million.
“They claimed they kept it up and we claimed they did not,” Herman said. “It was not close to the condition it was when we turned it over to them. The tenant gave the course back to us Dec. 31, 2018 and we didn’t feel it was in condition worthy of being open to the public and that is why it wasn’t open. We spent over $1 million fixing it up.”
The golf course, which is located within the Mill Creek subdivision in Blackberry Township, was closed for 2019, 2020 and half of the golf season in 2021, officials said.
The complaint was filed in February 2019 in Kane County, then moved at the defendants’ request to U.S. Court for the Northern District of Illinois, records show.
Herman said after a seven-day jury trial, eight jurors found for the plaintiff.
“Ultimately, they agreed with us that the tenant did not keep Mill Creek in comparable condition to Orchard Valley and Tanna Farms while also failing to return the property in the same condition it was leased to them, reasonable wear and tear excepted,” Herman said. “We will now move forward with our petitions for attorney’s fees and prejudgment interest.”
The lawsuit stemmed from a dispute over a 20-year lease, Herman said, dating back to 1998. The lease was transferred – or sublet – with the terms and obligations guaranteed in succession by the three defendant companies, according to the court filing.
Among the issues were that the golf course had dead trees that were not removed, the turf was not maintained and invasive species trees started growing where they were not intended to be planted, Herman said.
“And because the golf course also serves as part of the storm water system for the neighborhood, those things (invasive trees) were clogging inlets and outlets and causing issues,” Herman said. “It was a combination of all three of those.”
Golf Visions Management Inc. is now the management company for the Mill Creek Golf Course, as well as Tanna Farms and Settlers Hill.
Attorneys for the golf management companies did not return voicemail or email messages seeking comment.