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Wednesday, July 15, 2009
Mold closes
Eagle Creek Resort
By ROB STROUD, Staff Writer
rstroud@jg-tc.com
FINDLAY — The Eagle Creek Resort and Conference
Center was closed Tuesday afternoon, reportedly due to the presence of
airborne mold in part of the facility.
Attorney E.C. Eberspacher of Shelbyville said Eagle
Creek Resort has been under receivership management since early April as
part of a mortgage foreclosure complaint that his law firm’s clients,
Community Banks of Shelby County and Marine Bank in Springfield, initiated
last fall in circuit court in Shelby County.
Eberspacher said the receiver management company,
ECR Associates LLC, recommended that the court order Eagle Creek Resort to
be closed due to the presence of airborne mold in part of the facility. He
said the court concurred with this recommendation and issued the order.
The Illinois Department of Natural Resources posted
a press release Wednesday on its Web site stating that it is aware of a
circuit court judge’s decision to immediately shut down operations at
Eagle Creek Resort, which is located on land leased by IDNR from the Army
Corps of Engineers.
While Eagle Creek Resort’s golf course and other
facilities are not owned or operated by IDNR, the agency reported that it
supports the court’s decision. The IDNR reported that it is discussing
possible next steps while awaiting further direction from the courts.
Tuesday’s closure prompted the Okaw Valley Academic
Foundation to scramble to relocate its fundraising golf tournament set for
11 a.m. Friday from Eagle Creek Resort to the Sullivan Country Club, said
Okaw Valley school Superintendent Joel Hackney.
IDNR reported that the circuit court’s decision
does not affect other operations at Eagle Creek State Park and nearby Wolf
Creek State Park.
Eberspacher said the receiver company discovered a
mold problem at the facility after taking over management from Eagle Creek
Resort LLC, which had been leasing the facility from the state. He said
the receiver subsequently brought in professionals to run tests, which
determined there was airborne mold present.
The attorney said the receiver closed the pool, the
women’s locker room and a wing of guest rooms last week as a precaution
and recommended that the court have the entire facility closed.
“Mold of that nature is not something that
spontaneously occurs. It is something that occurs over a long period of
time,” said Eberspacher, adding the mold would have formed before the
receivership started.
Community Banks of Shelby County and Marine Bank
officials decided last week not to continue pursuing mortgage foreclosure
claims against borrower Eagle Creek Resort LLC, Eberspacher said. The
banks’ decision to no longer pursue the resort facility as secured debt
was based on a financial analysis of the matter, he said.
Eberspacher said the banks have filed motions to
dismiss the foreclosure complaint and discharge the receiver. He said
these motions and the receiver’s final report are scheduled to be heard
during a July 23 court hearing. He added the receiver serves the court,
not the banks.
Calls to the Eagle Creek Resort on Wednesday went
unanswered by staff or an answering machine.
Eagle
Creek is located in Findlay, Illinois. Courtesy:
http://www.eaglecreekresort.com/
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