Archive for Friday, July 17, 1992

COURSE DEVELOPER ANSWERS LAWSUIT

July 17, 1992

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A Lenexa golf course developer has answered a lawsuit in Douglas County District Court brought against him by the parent company of a golf driving range between Lawrence and Eudora.

In his answer, Jeffrey W. Gazaway denies he committed fraud when he transferred the property ownership of the driving range from the company to himself, as alleged in a suit brought by Twin Oaks Golf Complex Inc. in May.

Gazaway, a 30 percent shareholder in Twin Oaks, contends he was within his legal right to do so because he had a verbal agreement with his partners and because the transaction occurred "with the implied consent of the corporation."

He also claimed that the transaction was part of the company's "original plan."

Gazaway filed the corporation deed with the Douglas County register of deeds on April 2 to transfer the ownership of the driving range. Twin Oaks alleges that the action was "intended to convert, misappropriate and wrongfully seize a corporate asset and property" from the company.

Gazaway also filed a counter-claim against Twin Oaks, asserting that the company breached and violated its duty to him by making decisions that adversely affected the company's financial condition. He also is seeking $10,150 in lost salary that he claims the company owes him.

When the suit was filed in May, Gazaway said he did not think the legal action would hurt his attempted development of an 18-hole golf course on land adjacent to the driving range. The course is planned on 185 acres five miles east of Lawrence on Kansas Highway 10 at Douglas County Road 1057.

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