TRUMBULL COUNTY Ruling: Golf course must pay company for carts and mowers

If the golf carts were taken, the course would have to close, the manager said.
By PEGGY SINKOVICH
VINDICATOR TRUMBULL STAFF
WARREN -- Avalon South must pay $60,000 to a Rhode Island company for golf carts and mowers.
Judge Andrew Logan of Trumbull County Common Pleas court ruled that the golf course, which is owned by the city of Warren but managed by Avalon South Management Inc., can keep the carts and mowers, but must pay $60,000 to Textron Financial Corp.
The court also made a payment schedule and ordered that Avalon South make five monthly payments of $12,000 each to Textron.
Golf course would close
The order further states that Tony Joy, manager of the golf course, testified that if the 72 golf carts and several mowers were taken from him at this time, the business would have to close.
"This testimony is not disputed," Judge Logan's ruling stated. "It is further uncontradicted that it is not likely that the golf course could ever in fact re-open after closing under these circumstances in the middle of the golf season."
Atty. Richard Schwartz, who represents Joy, said the court's decision is in the best interest of all parties.
"Tony can maintain possession of the equipment so he can stay open and make the money to pay Textron," Schwartz said.
Textron filed suit against Avalon South a few months ago, stating that Avalon South has breached its contract by failing to make payments. The suit further states that Avalon South has also refused to return the equipment.
The city in February 2002 tried to evict Joy from the course, citing unpaid rental fees and property taxes, failure to pay a bank loan and failure to maintain liability insurance.
Also sued
Joy sued for breach of contract, contending officials told him he would be credited for improvements he made to the facility, which include a new clubhouse, and that in 1988, the city's safety-service director told him he would not have to pay property taxes.
That case is pending in Trumbull County Common Pleas Court.
The course remains open, and Joy is still operating it.
sinkovich@vindy.com