ASHEVILLE, NC — The city has filed a lawsuit against the former operator of the historic municipal golf course, Pope Golf, for deteriorating course conditions, destruction of property and $340,830 in outstanding lease payments to the city.
The complaint was filed in Buncombe County Superior Court on Oct. 4, more than three months after the city attorney sent a letter to Keith Pope, CEO of Pope Golf, based in Sarasota, Florida, advising that the city was planning a to file a lawsuit over the arrears of lease payments, some of which have accumulated since 2016.
Chris Corl, the city’s director of Community and Regional Entertainment Facilities, said the decision to file a case was made in the first week of the course with the new operators, Commonwealth Golf Partners II – Asheville LLC, because “conversations a little died” between the city and Pope golf. It is the first time in 10 years that the property has had new operators.
As the historic municipal golf course changes hands, the city, led by new operators for the first time in 10 years, has filed a lawsuit against former operator Pope Golf, alleging deterioration in course conditions, destruction of property and $340,830 in outstanding lease payments. to the city.
Until the filing, Corl had hoped to settle the matter out of court.
“It got to the point where they stopped communicating, so we decided they weren’t going to negotiate anymore,” Corl said.
Pope did not immediately respond to requests for comment. On October 20, the Pope did not file a legal response.
According to the city, the track itself has seen “steadily deteriorating conditions” in recent years, and at the center of it are significant stormwater runoff problems, which Pope said in September is not just the reason for the track’s conditions. , but also for his termination of the lease. payments.
The 18-hole golf course was designed by Hall of Fame golf architect Donald Ross and opened for play in 1927. It is home to the country’s longest running professional tournament owned and operated by Black.
The city’s management and lease agreement with Pope Golf began on October 1, 2012 and expired on September 30.
As the historic municipal golf course changes hands, the city, led by new operators for the first time in 10 years, has filed a lawsuit against former operator Pope Golf, alleging deterioration in course conditions, destruction of property and $340,830 in outstanding lease payments. to the city. (Photo by Angela Wilhelm/Asheville Citizen Times)
File the lawsuit
The lawsuit filed by the city attorney establishes a number of “unacceptable conditions,” which the filing said have “developed as a result of Pope’s Asheville failing to meet its minimum maintenance obligations as set forth in Sections 8 and 9 of the lease. “
These conditions include:
• Severe deterioration of all Bermuda grass fairways.
• The complete destruction of a chipping/practice area that existed near the 8th hole at the time Pope Asheville took over management of the course.
• Destruction of fencing along Swannanoa River Road.
• An overgrowth of vegetation over the entire course, including the clubhouse.
According to the filing, at the end of the lease, Pope had failed to address the terms noted and rectified by city officials in a Sept. 8 email.
Further, at the end of the lease term, the filing alleged that Pope failed to make mandatory rent payments totaling $340,830. This amount is an increase of nearly $16,000 from the outstanding rent payment amount mentioned in a June 29 letter from the city attorney to Pope.
Corl said this increase was the result of additional interest accrued since the first letter sent in late June. Prior to filing the complaint with the court, Finance updated the figures as of the end of September to reflect current accrued interest.
The filing seeks a jury trial, annulment judgment for compensatory damages, and an injunction declaring transfers of assets between Pope Asheville and Pope Golf, which prevented Pope Asheville from meeting the city’s claims against it. .
‘It’s a process’
Commonwealth Golf Partners, owned by Peter Dejak and Michael Bennett, took over the course immediately on October 1 in a seven-year license and management agreement, a new model of partnership with the city.
Despite being only three weeks into menopause, some golfers say they are already noticing a difference. On October 20, a frigid morning meant the clubhouse was nearly empty by 8:30 am, but CY Young was hard at work, more than just taking a golf cart onto the course.
He was an old hat at navigating the crumbling cart path and sinkhole fairway, pointing out that area cleanups have already begun, noting the most damaged holes along the back nine, where torn sod gives way to dirt and tree branches that hanging over the course, stunting grass growth and deteriorating golfer’s vision.
The 122-acre track weaves through the East Asheville neighborhood of Beverly Hills. Early in the morning, the fairway was covered in frost, red, orange and gold foliage along the cart tracks and rolling greens.
Young said the price is heading in a better direction, although there is still a lot of work to be done.
He noted the deterioration of conditions over the past two or three years since Pope Golf stopped paying and the worst stormwater problems started.
“Pope knew they would lose,” Young said. He has been involved in the course for over 20 years. He plays there four days a week and works as a starter and ranger for another three.
The new operators have already made changes to the green − to aerate the grass, fence off areas for grass to grow back and delineate the worst holes pockmarking the course, chasing 6 foot deep in places, exposing obsolete metal pipes.
“It’s a process,” he said of the repairs. “But the golf course is doing better, really. They are working on it.”
Corl agreed that change comes for the better after “years of neglect.” He said Commonwealth Golf will begin with smaller, day-to-day changes as they finalize the capital budget, which will set the timeline and blueprint for changes ahead.
The city is embarking on a $3.5 million project to initiate capital improvements and is seeking grant from the Buncombe County Tourism Development Authority, along with other sources.
The requested funding would cover stormwater infrastructure, water collection, upgrades to tee boxes and improvements to greenery and sand traps.
‘Friends of the Muni’
As well as new on-course leadership from both Commonwealth Golf Partners and Corl, whose division only took over the course from Asheville Parks and Recreation on January 1, community efforts are also gathering around the beloved course.
Donna Bailey, an area golfer and chair of the Civic Center Commission, has been preparing a “Friends of the Muni” campaign for more than a year, raising money for course rehabilitation and volunteer and program opportunities at the job are created.
She described the track as “flooded” and “overgrown,” a broken water system that creates gullies, lifts the cart path and creates dangerous conditions.
“(It’s) a great piece of property, a Donald Ross course, that just needs someone to take care of,” she said.
Like Young, Bailey said she can already see positive change among the new operators.
“They know their business and care about their business,” Bailey said. “I don’t know if Pope knew their business or not. I have no way of judging it. But these guys have a track record of caring, and I’ve only seen it in the little things.”
Other state municipal golf courses, such as Charleston and Wilmington, have “friends of the muni” groups who have helped change their golf courses, Corl said. In Asheville, he hopes the same.
Bailey said Asheville’s muni is a job for everyone, a place that’s affordable, accessible, and welcoming, hosting a historic tournament that has had players sounding the alarm for years.
“I think it’s important because it opens the door for so many people. I know what golf does, I know what it did for me. It opened so many doors,” Bailey said. “It opens the doors to friendships and opportunities right there on the golf course. That is why I want to make it accessible to everyone.”
Sarah Honosky is the city government reporter for the Asheville Citizen Times, part of the USA TODAY Network. News Tips? Email [email protected] or message me on Twitter at @slhonosky.
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