James Ross - A Character-Based Collection (Prairie Winds Golf Course)

by James Ross

  “Here’s a lot of documentation that supports what the Morton heirs have maintained all along,” J Dub began as he placed the box of deeds on Denny’s desk.

  “Where have you been?” Denny pried.

  “Some of the information is from the title company that details the chain of title. The other documents are from the Recorder’s Office,” J Dub answered.

  “Good,” Denny said. “You’re doing your homework.”

  “I had no idea what was going on,” J Dub acknowledged. “It’s sickening to know that they could do that to the estate and get away with it for so long. I just know that I am hearing the same names over and over when it comes to these transactions on the chain of title.”

  “Hey, you’re a victim too,” Denny implied. “You ran a business that you thought was operating on the up and up. Plus, you thought that your future was protected with the option to purchase the property.”

  “Can you imagine if Lew would have sold me the property?” J Dub thought out loud at the irony of the situation. “You’d be suing me now on behalf of the estate.”

  “And you’d be in a bigger mess. Be glad that you didn’t buy it,” Denny suggested.

  “What’s the plan from here on out?” J Dub asked.

  “I want to put the finishing touches on the lawsuit in the next couple of weeks. Then we’ll try to get them all served over the same weekend,” Denny explained.

  “Who are we going after?”

  “I want to serve Lew, Walter Hancock, George Pierce, and Norman Pierce,” Denny responded. “Lew has been successful in getting one lawsuit dismissed that the estate has filed. He also beat them in court on the adverse possession claim. Plus, he’s dodged a bullet against the U. S. Attorney’s office not once, but twice. It’s time to put a stop to what he is doing.”

  “Nobody else was willing to help me since the ‘hold harmless’ document was signed,” J Dub stated. “Can we get around that?”

  “I think that we can if it was fraudulently induced,” Denny claimed. “There’s case law that supports that theory.”

  J Dub was fired up and anxious to get the ball rolling. “I’m ready whenever you are.”

  “The estate has a pending suit against Walter. That case should be going to trial soon,” Denny informed J Dub. “After damn near six years they can’t stall anymore. It’s ready to go to court.”

  “Will that case help our cause?”

  “It should,” Denny admitted. “Walter’s deposition testimony could be very damaging.”

  The questions rolled out of J Dub’s mouth once again. “Why is that?”

  “He admitted under oath that, as the executor of the estate, he did not receive any money for the property,” Denny told J Dub.

  “That should cook him, don’t you think?” J Dub stated.

  “We’re hopeful,” Denny explained, “but I want to wait and serve everyone at about the same time that that case is going to trial. That should be another surprise that they aren’t counting on.”

  Chapter Ninety-Two

  The Fall of 2000 . . .

  It had been almost three years since Lew had forced J Dub out of the corporation. Just like the morning of the raid, all hell broke loose over a weekend that was better suited for riding across the countryside looking at the changing of the leaves. Lew, Walter, and Norman were all served with papers that indicated that they were being sued by the heirs to the Morton Estate and J Dub. George Pierce was nowhere to be found, but it was believed that he was out of the country. The heirs to the Morton Estate had last traced him to the Virgin Islands.

  Denny had been true to his word. He kept the lawsuit simple. The lawsuit alleged four counts of wrongdoing: fraud, breach of fiduciary duty, unjust enrichment and breach of contract. Despite all of the evidence it was going to be tough to prove.

  Walter and Norman wasted no time either. Both of them were immediately on the phone to Lew. They demanded that he tell them what this latest lawsuit was all about. The three of them agreed to meet in Walter’s office later that weekend. “What in hell have you got me involved in this time?” Walter demanded of Lew.

  “I haven’t done anything. When everything gets sorted out, you’ll see that none of us have done anything wrong,” Lew said defensively.

  “Does this have anything to do with the tax investigation?” Walter shouted.

  “It beats me,” Lew insisted. “The IRS looked at us for a few years and said that we didn’t do anything unlawful.”

  “Just because we didn’t break the law doesn’t mean that what was done didn’t injure anyone civilly,” Walter claimed.

  “Then make them prove it,” Lew countered.

  “Prove it my ass!” Walter yelled. “I want the damn thing dismissed and all of this crap to go away!”

  “Doesn’t the estate already have a lawsuit pending against you?” Lew asked Walter.

  “Yes they do, dammit!”

  “Isn’t that what is called double jeopardy?” Lew inquired.

  “No, it’s on stuff that is different from these charges,” Walter shrieked.

  Norman was finished with listening. “I don’t know what the two of you have been up to but I don’t appreciate being dragged into this mess.”

  “We haven’t done anything,” Lew stressed again. “The U. S. Attorney’s office and the IRS said that we have operated within the scope of the law. That was years ago.”

  “Why was the lawsuit filed in federal court across the river?” Norman asked.

  “As executor of the estate they are claiming that the whole mess started with me,” Walter explained. “Since I have an office over there, I guess they figured that they would file the paperwork in Missouri.”

  “As far as I’m concerned we’re all over in Illinois and so is the property. I want to get the thing transferred over here,” Norman insisted.

  “It’s that damn Sneed character,” Lew ranted. “I’ve had enough of him! This is about the third time that he’s sued me on behalf of the estate!”

  “What have you done?” Norman asked.

  “ . . . Nothing!” Lew answered. “And it wouldn’t surprise me if he isn’t behind the tax investigation either!”

  “They must have something on you two to keep coming after you,” Norman hinted.

  “J Dub can’t come after me. He signed a release saying that he would hold me harmless for everything that we were associated with,” Lew boasted.

  “That doesn’t do the two of us any good,” Walter begged to differ.

  “The best thing to do is for all of us to get our own attorneys,” Norman proposed. “Let’s work on getting this thing over where it belongs.”

  Lew couldn’t agree fast enough. “That a good idea. We need to get the lawsuit back over on our home turf where we can do something about it.”

  “The sooner the better,” Walter stressed. “I’ve got my other trial starting in a week or so.”

  “I’m tired of this crap. I’m going to teach J Dub and that Sneed fella a lesson or two,” Lew promised.

  “In the meantime, let’s get our attorneys on this thing,” Norman concluded.

  Chapter Ninety-Three

  Being in court was not one of J Dub’s favorite activities. He had lost his job, he had taken a financial beating, and his life appeared to be headed into limbo for the unforeseeable future. He fought a myriad of emotions from failure to helplessness to hope . . . and the hope was for a miracle.

  From their very first meeting, Denny had warned J Dub that the legal process would not go quickly. He suggested that J Dub find another job and try to keep busy doing constructive activities. Denny did his best to prepare J Dub for a long and lengthy battle.

  After a half-hearted attempt as a night manager of a fast food facility and a three-day trial period sitting behind a desk as a stockbroker trainee, J Dub migrated back to what he knew best. He returned to the golf business and took a position at a local driving range. It was quite a step down financially in the middle part
of his life but it enabled him to do what he loved. He had ample opportunity to teach the game of golf to children and the athletically challenged. The emotional rewards were worth every cent that the paycheck couldn’t reimburse.

  In the meantime, the lawsuit put the brakes on any sort of development plans that Lew and Norman had planned. Norman didn’t know bluegrass from zoysia or a gang mower from a greens mower. Nor did he care. Consequently, the business at Prairie Winds Golf Course dropped off due to the lackluster effort by the new ownership. The regulars didn’t like what had happened to J Dub and they found another golf course to play.

  Each battle in court was similar to a yellow light on a main thoroughfare . . . hurry up and stop. The wrangling went back and forth. Every action called for a thirty day response and a new court date. Frivolous motions were constantly filed. Lew either tried to delay the inevitable or get the lawsuit dismissed or be victorious on a minor technicality. All of his tactics were within the scope of the law and subsequently forced interruptions in moving the case forward.

  From the beginning J Dub felt overwhelmed. After a while he sensed that his side was severely overmatched. J Dub and the Morton heirs had one lawyer while Lew, Walter, and Norman each had their private counsel.

  Denny was dressed in a suit that looked like it was purchased at the local discount house. The attorneys for the opposition wore tailored suits and shirts with cuff links. Denny wore shoes with rubber soles and dried mud on the edges. The opposing attorneys wore leather footwear that appeared to be spit-shined. Denny would show up in court with ruffled hair and a shoddy appearance while the attorneys for the defendants were manicured perfectly.

  It was apparent that the battle was going to be uphill despite whatever rights J Dub and the Morton heirs thought that they possessed.

  In the end, after eight months of squabbling, the gavel came down. The judge transferred the lawsuit over to the federal court in Illinois. The defendants were victorious in getting a change of venue back to their home turf. The lawsuit was assigned to the court of a familiar acquaintance of Lew Zerrmann . . . none other than an avid duck hunter named Judge Troy Rowland.

  The Morton heirs had flown up from Florida to be present for the ruling. Denny quickly assembled a meeting with J Dub, Marcia, Curt and the Morton heirs. “What the heck are we going to do now?” J Dub inquired.

  “We can’t be in court over there,” Denny urged.

  “It’s not our first choice but we have to stay the course,” J Dub stressed.

  “We can’t be in Judge Rowland’s court,” Matt interjected.

  “Why?” J Dub asked.

  “He’s already ruled against us in a previous case against Lew,” Matt explained.

  Denny nodded his head and substantiated Matt’s comment. “That was one of the reasons we wanted to file across the river.”

  “What are we going to do now?” J Dub repeated.

  “My thoughts are to drop the lawsuit,” Denny suggested.

  “We can’t do that, can we?” J Dub asked. “I don’t want to throw in the towel and give up.”

  “We can fight them in their own backyard,” Denny proposed. “We’ll just take the case into state court instead of federal court.”

  J Dub was still in an inquisitive mode. “Can we do that and have a chance?”

  “Sure,” Denny stated. “Not all of the decisions are going to go our way.”

  “That’s not the end of the world, is it?” Marcia asked.

  “No,” Denny confirmed, “not at all. In a way it is sort of a blessing. We have one year to re-file the lawsuit. It will give us a little more time to prepare our case and obtain more evidence. The heirs still have a pending suit against Walter that should be concluded by then.”

  “The element of surprise will still be there,” Matt maintained. “I think that they realize that we’re not going away.”

  Within forty-eight hours of the judge’s ruling Denny filed a motion to have the lawsuit dismissed without prejudice. If Judge Rowland accepted the motion, then the plaintiffs would be allowed to file a new suit on the same claims in a different venue.

  Denny’s advice was right on the mark. Since the motion was filed so quickly after the judge transferred the case to federal court in Illinois, the judge granted the lawsuit to be dismissed without prejudice. The plaintiffs were free to file a new lawsuit within twelve months. They had some more work to do.

  The defendants went into a celebratory mode once they were informed that the lawsuit had been dropped. Lew immediately invited Norman over for a few cocktails and live entertainment in the dungeon. Monty was also present. He had become as much a part of the dungeon as the bondage equipment.

  Walter, on the other hand, was having the fight of his professional life against the heirs on the charges that he did not accept any money for the sale of the property. Despite instructions from his attorney to cease all communication with Lew, Walter called for another meeting in his office with Lew and Norman. “I told you that we would bust their asses!” Lew gushed. “We haven’t done anything wrong!”

  Walter stared at Lew. “Do you only think about yourself?” Walter sighed. He had a much more difficult time accepting the good fate. “I’m not out of the woods yet.”

  “You’ll be fine,” Lew said with an air of encouragement.

  “My position with the estate is a little different than yours,” Walter informed Lew. “And I’m getting real concerned.”

  “What did you do?” Norman pried.

  “It goes way back to when George was in town,” Walter informed Norman, “and I have a feeling that you know exactly what we did.”

  “Hasn’t the Statute of Limitations expired?” Norman inquired. “That was over fifteen years ago.”

  “It’s based on the last predicate act and subsequent action,” Walter advised. “These court challenges have been constant since the beginning. Besides it might be forty years with real estate.”

  “Is George involved?” Norman probed. He wanted to find out whether or not his brother might be liable for any wrongdoing. The fact that George left the country and stayed away suggested that he might be up to his elbows with legal problems.

  “My guess is that you know what he did. You were partners in the title company with him,” Walter reminded Norman.

  Norman finally started getting a little apprehensive. “Can they come back against me, too?” Even though Norman didn’t have an active role in the title company, he was listed as an officer in the corporation.

  “They’re going after George. If they get him, then they’ll probably keep going and go after you, too,” Walter alerted Norman.

  “I’m going to stop all of the bullshit,” Lew spoke up. “The best defense is an aggressive offense.”

  Walter rolled his eyes. He had gotten terribly tired of Lew and many of his ideas. In fact, he wanted the guy to get out of his life. “What do you have in mind now?”

  “I’ve already informed Grady to file a counter claim against the heirs to the Morton Estate, J Dub, that Sneed character that thinks he’s a lawyer, as well as his law firm,” Lew boasted.

  “Don’t jump the gun,” Walter pleaded.

  “I’m going to put an end to this crap. I’m going to teach all of these people what capitalism is all about,” Lew persisted.

  “And what is your interpretation of it?” Walter probed.

  “Prey on the weak! They can’t stay with me. My pockets are too deep for them,” Lew insisted.

  Walter repeated a familiar saying. “Let sleeping dogs lie.”

  “Look, I’m not getting any younger. I want to get on with my life. These folks are holding me hostage. Norman and I can make over thirty million dollars on that project!” Lew yelled.

  “You’ve got more money than you can spend during the rest of your life! How much is enough?” Walter asked.

  “You can never have enough!” Lew insisted. “I’m going to take all of them down for the count! They can’t outlast me!”
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  Walter glared across the desk into the eyes of a true narcissist. Lew’s wrath and hostility was profound. He lived in a “me” world and alienated the sane people that surrounded him. His insecurities nibbled away at his grandiose self-image. Any breakdowns of the lifetime wall of protection would sink him into chaotic incoherency. In some ways Walter wanted to be defeated by the heirs so that justice would finally be served on a platter to Lew.

  “You know, if they take me down,” Walter stated calmly, “it will lead directly to you. You better think before you act selfishly.”

  “Screw them! I want to recover my legal fees. I’m going after the title company for messing up that five-acre tract. Plus I’m going after the liability insurance company to recover the costs to defend myself,” Lew bellowed across the room. “I’m tired of all these people messing with me and my money!” Lew was intoxicated with power.

  At seventy, Lew had defiantly decided to spend the remaining years of his life paying lawyers to stay in a courtroom. He paid attorneys to defend him against the IRS. He paid attorneys to clean up the title work. And he paid attorneys to sue J Dub, the Morton heirs, Dennis Sneed as well as the parent title company.

  Walter was sick of hearing how Lew had always been a victim. “If you didn’t have a lawsuit going, then I don’t think that you’d be able to sleep at night. Is that all that you have to do?” he asked Lew.

  “I haven’t done anything wrong. I want my money back!” Lew countered.

  Chapter Ninety-Four

  Summer of 2001 . . .

  Grady Patterson could try with all of his might to give Lew sound legal advice. Yet, Lew had a mind of his own. Grady advised Lew not to file a counter claim against the parties that had sued in civil court. The advice fell on deaf ears just as it had when he had given his opinion not to sue the title company. Lew had turned into a desperate “wrecking ball” that was content on living in a litigious world.