In The News

News - 2012

Apr. 2012

Judge Enjoins Dracut Golf Course From Further Operations

As reported in the Lowell Sun on April 21, Middlesex Superior Court Judge Gary Inge ordered the owners of the Meadow Creek Golf Club in Dracut, Massachusetts, to comply with the terms of a cease and desist order issued by the Town of Dracut and to escrow $2,000 to pay the fines levied by the Town so that Todd & Weld's client, Realty Financial Partners, would not be left to foot the bill as the co-special permittee.

David H. Rich, a partner with Todd & Weld LLP, and David H. Travers, an associate with Todd & Weld LLP, are representing Realty Financial Partners in connection with the suit involving a dispute over a commercial loan and lease agreement. Todd & Weld secured an ex parte trustee process attachment for $3,000,000 after submitting sufficient evidence to be found to have a likelihood of success in proving more than $8,400,000 in debt owed by Meadow Creek to a Realty Financial Partners entity arising from Meadow Creek's breach of a lease for its clubhouse and parking facilities and the breach of a promissory note. Shortly thereafter, according to Mr. Rich, Meadow Creek began operating the golf course without access to the clubhouse or permitted parking as required by the special permit issued by the Town of Dracut. Operating the golf course without the proper facilities quickly led to the issuance of a cease and desist order by the town, preventing further operations at the golf course. Meadow Creek, however, continued operating despite the issuance of the cease and desist order, causing fines to accrue to both Meadow Creek and Realty Financial Partners. With the issuance of the injunction and the Court's order that Meadow Creek escrow $2,000 to pay for the fines, Realty Financial Partners is protected from further damage by its co-special permittee

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