A Colorado couple have misplaced their newest spherical against golf legend Jack Nicklaus in a lawsuit in Utah’s federal court docket.
In a Three-Zero ruling, the 10th U.S. Circuit Court of Appeals on Tuesday upheld the dismissal of the one closing claim in a swimsuit filed through E. Jeffrey Donner and Judee Donner, who alleged Nicklaus had mischaracterized his club function within the failed Mount Holly golf and ski hotel.
Nicklaus used to be named in advertising fabrics as a “charter member” for the deliberate retreat close to Beaver, which the Donners mentioned satisfied them to speculate $1.five million within the undertaking. The hotel went bankrupt in 2009 earlier than it would open, and the pair filed swimsuit in 2011 against Nicklaus and his golf route design corporate over the alleged misrepresentation.
The lawsuit, which integrated different claims, used to be disregarded in 2013 through U.S. District Judge Clark Waddoups, who’s founded in Salt Lake City. The Donners appealed and in 2015, the Denver-based 10th Circuit Court determined the couple had “adequately alleged intentional misrepresentation” and reinstated the claim.
After additional court cases in district court docket, Waddoups granted judgment in choose of Nicklaus, ruling three-year duration to convey claims alleging fraud or mistake had run out earlier than the Donners filed their swimsuit. The couple appealed once more to the 10th Circuit, which agreed the claim used to be premature.
The Mount Holly hotel used to be to incorporate 1,200 luxurious houses and personal ski amenities, in addition to a Nicklaus-designed golf route and reciprocal taking part in rights and get entry to to different Nicklaus lessons international. The Donners have been the one traders who paid the whole $1.five million hotel club value.
An legal professional for Nicklaus has mentioned his consumer’s function used to be restricted to the golf route design and that the Donner’s allegations against the golfer have been “without merit.”
Jeffrey Donner used to be a key witness in 2015 within the third District Court prison trials of Mount Holly developer Marc Sessions Jenson and his brother, Stephen R. Jenson, who have been charged with a couple of legal fraud and cash laundering fees in reference to the hotel.
A jury acquitted Marc Jenson of all fees, and his brother resolved his case even though a plea settlement partway throughout the trial. The settlement referred to as for Stephen Jenson to pay $275,000 in restitution to Donner and two different sufferers, who in combination claimed they misplaced $2.Three million within the Mount Holly deal.
The Jenson instances had ties to a bribery and corruption scandal which ensnared former Utah lawyers basic Mark Shurtleff and John Swallow.
Marc Jenson’s allegations that the 2 have been serving to him negotiate a plea settlement in a separate 2005 prison case and shook him down for thousands and thousands in money and favors ended in prison fees against the pair.
Those fees have been in the end dropped against Shurtleff; 4 fees have been disregarded against Swallow throughout an ordeal closing spring and he used to be acquitted of the remainder 9 fees.