STATEMENT OF THE FACTS AND CASE
This case involves four Appellees/Cross-Appellants: Mark and Trudy Gehring (the "Gehrings") and Ron and Susan Caley (the "Caleys") (collectively, "Appellees"), and Appellant/Cross-Appellee Glenmoor Country Club, Inc. ("Appellant" or "Glenmoor"). This case arises from a dispute over the return of Appellees' membership contributions from Glenmoor following their resignations from the Club.
Glenmoor is a for-profit corporation located in Canton, Ohio. Glenmoor is a country club with golf, spa, dining, banquet and business meeting facilities as well as overnight accommodations.
In 1990, the right of individuals to acquire equity memberships in Glenmoor was established by Bert and Iris Wolstein, through an entity known as Glenmoor Properties Limited Partnership. Such equity memberships in Glenmoor are sold pursuant to the Club's Membership Plan. (T. at 249-50, 280).
Equity golf members and non-equity golf members have exactly the same rights with respect to use of Glenmoor's club and golf facilities. Id. Equity members pay a higher initiation fee upon joining the Club than non-equity members do. (T. at p. 3, 6). At the time of trial, equity golf membership initiation fees were $30,000 and non-equity golf membership initiation fees were $15,000. Id. Equity memberships allowed for the return of either 80% of the current value of the equity initiation fee or 100% of the member’s initial investment. Id. Non-equity members do not receive any refund of their initiation payment. Id.
Judge(s): John W. Wise
Jurisdiction: Ohio Court of Appeals, District 5
Related Categories: Contracts
|Court of Appeals Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Kristin Erenberg||Walter Haverfield|
|Mark Fusco||Walter Haverfield|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|Patrick Noser||Critchfield Critchfield & Johnson|
|John Schaeffer||Critchfield Critchfield & Johnson|