A trial set
for Monday involves a land dispute between convenience store mogul Greg Parker
and four Statesboro businessmen.
Filed in April 2011, the suit by Drayton-Parker Companies LLC alleges fraud and failure of specific performance against CDD LLC and its members, Charles J. Maxwell, Robert Tanner, T. Kevin Palmer and Brad Williams.
According to documents provided by the Bulloch County Clerk of Courts Office, the suit claims CDD and its partners promised by contract in February 2011 to sell Parker, doing business as Drayton-Parker Companies LLC, 1.5 acres, part of a 3.977-acre parcel at the corner of Veteran’s Memorial Parkway and Brampton Avenue, for $525,000.
The contract reportedly called for the group to have the 1.5 acres subdivided from the larger parcel and assigned its own tax number. The deed was secured by Citizens Bank.
The suit alleges CDD backed out of the deal a few days before it was due to be finalized, claiming the bank refused to subdivide the land, in spite of all four members having already signed the contract.
In April 2011, CDD sent Parker a letter repudiating the contract, on the grounds that the bank refused to separate the parcel, according to the court filings.
Charges against CDD LLC include Count 1, “specific performance,” alleging CDD “failed to cause separation and sale” of the smaller parcel, claiming the location is “unique and (Parker) has no adequate remedy.”
The suit further alleges Parker “has incurred and will continue to incur damages” due to the breach of contract, which is listed in the filings as Counts 2 and 3.
Those counts claim “intentional misconduct, which amounts to fraud and was done for financial benefit,” the suit reads.
Count 4 alleges fraud, claiming CDD “knowingly made false representations.” Count 5 alleges fraud committed specifically by the four members — Maxwell, Tanner, Palmer and Williams — claiming the four knew the contract was made under false pretenses.
Count 6 seeks compensation for attorney’s fees.
The trial is slated to be heard by Bulloch County Superior Court Judge Gates Peed Monday at 9 a.m.
Herald reporter Holli Deal Saxon may be reached at (912) 489-9414.