AVALON SOUTH R.I. company says it's coming for golf carts

By DENISE DICK
VINDICATOR TRUMBULL STAFF
WARREN -- One issue that could play into the fate of a lawsuit between the city and the man who operates its golf course is the golf carts.
Earlier this year, Textron Financial Corp. of Rhode Island filed suit against Avalon South Management Co., which operates the city-owned Avalon South golf course in Howland.
The suit said that the management company breached its contract for golf carts and mowers by failing to make payments.
The city intervened in that case.
In July, the judge ruled that the golf course can keep the carts and mowers, but must pay $60,000 to the financial company. The court also made a payment schedule and ordered that Avalon South make five monthly payments of $12,000 each to Textron.
Greg Hicks, city law director, said that he received a letter earlier this month from the Rhode Island company saying that a check from the management company hadn't been honored by the bank and that Textron was coming to get the carts.
Atty. Richard Schwartz, who represents golf course operator Anthony Joy, declined to comment about whether the golf carts remain at the golf course.
In the judge's order in July, the judge wrote that Joy, manager of the golf course, testified that if the 72 golf carts and several mowers were taken from him at that time, the business would have to close.
City council's committee on the Avalon South golf course met Tuesday for an update of the ongoing litigation between the city and Joy. Hicks said a status hearing on the case is set for Friday.
The city tried in February 2002 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.
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.
The course has remained open with Joy operating it.