Zokol files suit against owners of Sagebrush golf resort
Former PGA Tour pro claims he never received his design fee
Richard Zokol has launched a civil lawsuit against the owners of Sagebrush Golf & Sporting Club, the Merritt- area course he co- designed, founded and served as chairman and chief executive officer.
In a 15- page notice of civil claim filed this week in B. C. Supreme Court in Vernon, Zokol seeks special damages, including a design fee of $ 200,000 he alleges was never paid by Sagebrush and its owners.
Zokol was the public face of Sagebrush, which in 2009 was named by both ScoreGolf and Golf Digest magazines as the best new Canadian course.
But the two- time PGA Tour winner left Sagebrush — which sits on a hill above Nicola Lake in Quilchena — following a dispute with ownership in early 2012. Zokol now works as executive director of golf development at the Predator Ridge Resort in Vernon.
The reasons for Zokol’s departure from Sagebrush were never fully disclosed, but the notice of civil claim filed by Zokol’s lawyer Shane Dugas offers some insight into the breakup.
In a statement of facts, Zokol alleges that in 2008 he agreed to defer his $ 200,000 design fee to reduce financial pressure on Sagebrush.
The suit also alleges that in late 2011 Zokol was told that the four principal owners of Sagebrush — Calvin Payne, Val Rundans, Roy Jeffrey and Peter Jeffrey, known as Four by Fore Investments Ltd. — were preparing to file for bankruptcy in order to “crystallize their losses.” The four original owners of Sagebrush had received approximately $ 69 million from the sale of WesTower Communications.
The suit also notes that the owners had spent $ 27 million on Sagebrush.
“Based upon the representations of the defendant, Cal Payne, on his own behalf and on behalf of Sagebrush and Four by Fore, that Sagebrush would be put into bankruptcy, Zokol executed a termination and release of all rights and obligations between Zokol and Sagebrush,” Zokol’s suit alleges.
That bankruptcy never occurred and in January of 2012 Zokol was informed by Payne that he had purchased the interest of his three partners, making him the sole owner of Sagebrush.
“The defendants, individually and collectively, negligently misrepresented to the plaintiffs that the rights, obligations and remedies of the plaintiffs must be released in order to facilitate the bankruptcy of Sagebrush when they knew or ought to know that the bankruptcy was not intended or would not occur,” Zokol’s suit alleges.
In addition to his design fee, Zokol is seeking damages for breach of trust and punitive and exemplary damages. The suit also asked Zokol’s shares in Sagebrush be purchased at fair and proper value.
Payne has 21 days to file a statement of defence. When reached by telephone Friday, he declined to comment.
Earlier this year, Payne had said he was close to selling controlling interest in Sagebrush to Langley’s Newmark Properties, which planned to open the private course to much more public play, sell residential lots on the property and construct a clubhouse.