DarkHorse suit stems from sewage treatment costs
January 31, 2013
An ongoing lawsuit between DarkHorse Golf Club LLC and its homeowners association is ongoing, despite the sale of the physical property.
A complaint for damages was filed in June 2011 in Nevada County Superior Court by DarkHorse Golf Club LLC, asking for compensation because it shouldered more than $580,000 in sewage treatment services for three years.
The complaint named the DarkHorse owners association and more than 70 property owners as defendants.
Owens Financial Group foreclosed on the development's golf course and on 75 residential lots in 2007 and then discovered the waste treatment plant for the development had not been completed. Waste was being partially treated at DarkHorse, then hauled to Lake of the Pines and dumped into its system.
“The original developers had a great vision for a course, unfortunately, their timing wasn’t good.”
— Rod Metzler, CEO of Empire Golf
From 2007 to 2010, Owens Financial paid for a certified operator to oversee the treatment plant, as well as plant maintenance costs and to truck the partially treated sewage to Lake of the Pines. In 2010, Nevada County applied bond money from DarkHorse's developer to a planned, $22 million upgrade to the Lake of the Pines plant, finishing new underground pipes to the facility.
Andrew Harris, attorney for DarkHorse Golf Club LLC, filed suit against the homeowners in 2011, alleging that when the corporation took over the sewage collection and treatment in 2007, the defendants agreed to pay for their share of the costs for the operation of the DarkHorse sewer system.
According to the complaint, the total cost for the three years total more than $585,000, with the homeowners' share calculated at a little more than $407,000.
But David Alkire, a Nevada City attorney who has been retained by a number of the DarkHorse property owners, said DarkHorse Golf Club does not have the legal right to recover any of those costs.
Alkire has filed a motion for summary judgement, which is a judgment entered by the court for one party and against another party, without a trial.
According to Alkire, that motion is set for hearing on March 8.
To contact Staff Writer Liz Kellar, email firstname.lastname@example.org or call 530-477-4229.
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