After threatening to shut off water to the village of Lakewood-owned RedTail Golf Club, the Turnberry Golf Club is in another legal battle with the village, the second this year.
The village sought a temporary retraining order in May after Turnberry owner Sonny Oberoi told village officials he would not keep the pumps that maintain RedTail’s irrigation water supply running, according to a petition filed in McHenry County court by the village.
The village asked the judge – who agreed – to force Turnberry to turn on the pumps, keep them running and continue supplying RedTail with water without charge, court records show.
Oberoi has sought to have the lawsuit dismissed, arguing in court filings that his company should not be subject to a 2005 agreement that requires Turnberry to supply the water
According to legal documents, the 25-year agreement, agreed upon in 2005 and codified in a 2009 easement, mandates Turnberry supply RedTail’s water irrigation needs, including maintenance of the pumps.
On March 25, Oberoi informed Lakewood officials Turnberry would no longer honor the agreement, and Lakewood would have to pay Turnberry in order to access the water.
“They want me to comply with these contracts signed 15, 20 years ago,” Oberoi said. “Our position is we didn’t sign those contracts.”
Oberoi, who purchased Turnberry in 2016, said that he recognized the village’s rights but was asking for the village to pay to pump the water and request reimbursement from Turnberry, rather than have Turnberry pay for the water transmission.
The village, in turn, petitioned the McHenry County Circuit Court for a restraining order against Turnberry on May 12, requiring compliance with the easement terms. In the initial filing, Lakewood’s attorney, Scott Puma, said “the village will be irreparably injured if immediate injunctive relief is not granted” as “the golf season has begun and the village must irrigate RedTail golf course.”
Turnberry, in its response, requested the petition be denied and filed a motion to dismiss the complaint June 16.
Turnberry and Lakewood have been at odds over a series of fines levied against the golf club totaling more than $70,000 dating back to last year. While Oberoi did not say the move to ignore the easement was retaliation, he did acknowledge the two issues were related.
“The village is actively working on putting us out of business,” Oberoi said. “But if they spend their own money and have to claim water and money from us, they are less likely to want us to go bankrupt.”
Lakewood officials and RedTail management declined to comment on the situation.
The village has been hosting public meetings since early spring to determine the future of RedTail; village officials have expressed the desire to build a new clubhouse for the site, although residents have expressed concerns about where the money will come from.
Although a preliminary injunction ordered May 24 by Judge Kevin G. Costello maintains the status quo and ensures RedTail’s golf course will be maintained during the 2022 summer season, a hearing has been set for Aug. 25. However, Costello already stated in the preliminary injunction order that the “Plaintiff has a likelihood of success on the merits.”
There was a status hearing July 12, to consider Turnberry’s petition to disconnect from the village of Lakewood. Judge Thomas A. Meyer advised both Lakewood and First Leap Holdings, Turnberry’s parent company, to attempt to resolve the disconnection and the water issues by Sept. 1.
If that does not happen, a settlement conference has been scheduled for Sept. 8.