Court denies motion to dismiss
The show will go on for the former owners of the Boothbay Country Club.
A Kennebec County Superior Court ruling by Judge John Nivison denied all but one motion to dismiss the counter suit brought forth by James Reeves, former owner of the Boothbay Country Club.
The court denied all motions but one to dismiss the counts against the Bank of Maine and Paul Coulombe, which will allow the case to continue. The court also awarded the Bank of Maine with a $1.09 million attachment on the property.
Judge Nivison stated in his conclusion that it was “more likely than not that the Bank will recover judgment in the amount of $1,090,567.45, and that there are no liability insurance, bond or other security, and any property or credits attached by other writ of attachment or by trustee shown to be available to satisfy the judgment.”
The two sides met June 17 in Superior Court, when the Bank of Maine tried to have the counter suit brought forth by Reeves' lawyers dismissed.
The decision will allow Reeves' and the Boothbay Country Clubs' lawyers to proceed with discovery into whether or not the sale was public, why the sale wasn't held in or near Boothbay and how much, if any, information was shared between lawyers at Bernstein Shur pertaining to the sale.
The court also denied a temporary restraining order, meaning the Bank of Maine can pursue Reeves in Connecticut.
The counterclaim brought forth by Reeves and the Boothbay Country Club allege that when the property was auctioned in 2013, the sale was not public, was held too far from Boothbay and that lawyers representing both Paul Coulombe and the Bank of Maine shared information pertaining to the sale.
The former Boothbay Country Club was reopened this year as the Boothbay Harbor Country Club.
Ben Bulkeley can be reached at 207-633-4620 or benbulkeley@boothbayregister.com. Follow him on Twitter: @BBRegisterBen.
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