On November 20, as reported by the Daily Progress, Charlottesville Circuit Court Judge Edward Hogshire granted a demurrer, filed by former Landmark Hotel developer Lee Danielson and his attorney, that asked to have the fraud and negligence charges removed from the lawsuit that Landmark Hotel owner Halsey Minor had filed against him.
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Landmark Hotel owner Halsey Minor told C-VILLE that he will soon refile the claims against former developer Lee Danielson. On November 30, Charlottesville Circuit Court Judge Edward Hogshire granted Danielson a demurrer to have charges of fraud removed from the suit. “Charges will be re-filed within 20 days with much greater depth of information included,” said Minor in an e-mail on December 1. “Those charges were very old and we are filing the same ones that have been on record in Georgia.” |
From the moment the judge upheld Danielson’s demurrer, Charlottesville native Minor has 21 days to refile the charges against Danielson and his Hotel Charlottesville, LLC. Minor told C-VILLE that he intends to refile the lawsuit claims of fraud and breach of contract against Danielson.
“Charges will be re-filed within 20 days with much greater depth of information included,” says Minor in an e-mail on December 1. “Those charges were very old and we are filing the same ones that have been on record in Georgia.”
According to the legal brief filed by Danielson’s attorney, “the complaint is an everything-but-the-kitchen-sink attempt to turn a breach of contract into a fraudulent conspiracy ripe for television.” In addition, within the four grounds for demurrer explicitly conveyed in the brief, one relies on Minor’s failure to plead fraud claims with sufficient particularity.
Yet, aside from Minor’s legal woes with Danielson, the future of the hotel remains in question. Specialty Finance Group (SFG) is an Atlanta, Georgia-based real estate financing company (owned by Silverton Bank) that financed the $23.7 million construction loan for the hotel. In May, Silverton Bank failed and was taken over by the FDIC.
Now, Minor says that he has been trying to “remove” the loan with little or no success.
“[The FDIC] can either negotiate for us to buy back the note at some amount or we can let the judge settle it. They won’t do either,” he writes.
“We have talked with 8 separate people within the FDIC and they have taken no action. A letter was just sent to the relevant congressmen, Warner because its in Virginia and Nancy Pelosi who is my [San Francisco] rep. We are asking for help and we have thoroughly documented our problems. I have spent $1.8 mm and have little to show for it except a lot of frustration at the screwed up banking system.”
As if it weren’t enough, the Landmark Hotel is not the only property Minor has to worry about. On Sunday, November 28, the Daily Progress ran a foreclosure announcement for 2800 Fox Ridge Farm, Minor’s Albemarle County estate.
According to the notice, the property will be offered for sale to the public on the steps of the Albemarle County Circuit Courthouse at 10am on Monday, December 21. Terms of sale? $75,000 cash. The sale, however, is subject to a deed of trust with First Republic Bank, a San Francisco division of Bank of America.
According to county records, the 204.6-acre, as-is property was bought by Fox Ridge Farms Holdings, LLC (Minor) from William Coleman Jr. in 1999.
Yet, Minor says the property won’t be foreclosed.
“Unfortunately the chances of it being sold in foreclosure are as great as Thomas Jefferson returning from the dead to renounce liberty and justice for all. No one should break open their piggy bank prematurely,” he writes in another e-mail to C-VILLE. “After December 21 it will still belong to the Minor family.”
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