Press staff reports
Representatives of Cherry Springs Golf Club are seeking a court order to keep the club’s secretary from disposing of club assets.
Cherry Springs Golf Club Inc. and Burl R. Berry filed suit Thursday against Brian R. Berry, the secretary. Burl is acting as vice president of the corporation, the suit states.
The suit contends Brian has breached his fiduciary duty to manage the company for the benefit of all shareholders by taking action without authority such as attempting to dispose of corporation assets.
The suit states no meeting of the board of directors has been properly called where the action was approved and Brian has been given no authority.
The suit alleges Brian has collected money on behalf of the company for golf course operations, sale of real estate lots and other items.
It also states there has been no accounting for the receipts and Burl and the club want a full accounting.
Brian Berry, the suit states, has alleged that transfers of ownership of stock among and between various stockholders has occurred while corporation records don’t reflect the transfers.
Burl and the club are asking the court for a permanent restraining order from Brian taking any action that would disturb the status quo of the company. They also want him to account for receipts and expenses of the company and stop any unauthorized transactions.
Wayne Bailey and Tim Baker represent Burl Berry and the club.
