A shareholder of Conway Golf Club has filed a lawsuit against the club that could impact the contracted sale of the nine-hole course to homebuilder Beverly Homes.
Judy Edwards, described as a shareholder in her lawsuit against the club, is requesting the corporation that owns the course, comprised of shareholders and operated by a board of directors, be dissolved by a court order.
She contends the course has debts and liabilities that it can’t pay and is or will soon be insolvent.
Court involvement could affect the contracted sale.
It could also potentially protect all of the course’s shareholders, including those who haven’t yet been identified, and potentially eliminate any title issues or future claims on the course, which is believed to have hundreds of shareholders who have purchased shares over 60 years. Many are deceased.
A court-appointed receiver could assist with the dissolution and likely subsequent sale of the property.
To expedite the case, Edwards’ attorney, Daniel MacDonald of MacDonald & Hicks, P.A., has requested the case be referred to the Horry County Master-in-Equity or Special Referee, with any appeal going to the South Carolina Supreme Court or Court of Appeals.
In its response to the suit, the club, represented by a five-member board of directors, admits to debts and liabilities but denies it is or will soon be insolvent, and requests proof from Edwards of her claims.
The club’s attorney, Douglas Zayicek of the Bellamy Law Firm, said the club hopes to resolve the suit as quickly as possible so the impact on the payout to shareholders from any sale would be minimal.
“The goal is to keep the litigation to a minimum so hopefully there will be some money given to the shareholders at the end,” Zayicek said.
Beverly Homes owner Randy Beverly said in February that his company has a contract to buy the course and he plans to build a single-family housing development if the contract reaches a closing.
The homebuilder is waiting to see the outcome of the suit. “We’re hopeful it will all be resolved amicably and Beverly Homes is able to purchases the course,” said Beverly Homes real estate attorney Robin Ciaccio.
The nine-hole course that includes a pool and pair of tennis courts is one of the oldest golf courses on the Grand Strand and was for decades a vibrant part of the social life in Conway.
Conway Golf Club is the third-oldest course on the Strand, behind Pine Lakes Country Club and The Dunes Golf and Beach Club, with development beginning in 1937 and incorporation in the early 1950s, according to club records.
The club remains open pending the resolution of the case and/or sale.