Source: The Bellingham Herald
To settle debts of more than $20 million in loans and interest to an Oregon Indian tribe, Birch Bay Golf Club and more than 200 acres of land in Custer have been ordered to be sold at a Whatcom County Sheriff's Office auction Nov. 5.
The 18-hole public golf course, pro shop and driving range at 7878 Birch Bay Drive, as well as a nearby tavern and 210 acres of land at 7825 Valley View Road in Custer, will be sold to pay back the Confederated Tribes of the Grand Ronde Community of Grand Ronde, Ore., according to a court order signed by Superior Court Commissioner Chuck Snyder in September.
The Birch Bay Golf Club is one of 15 public golf courses in Whatcom County. Workers at the course declined to discuss how operations would be affected. The tribe's 2003 lawsuit in Whatcom County Superior Court alleged the golf course developer, Birch Bay Golf Course LLC, hadn't made payments on the loans since 1999, and county records show the group hadn't paid property taxes on the properties in 2002 or 2003, owing more than $79,000. Another suit by the tribe demands money back on loans for the land in Custer made to CITT LCC, which also owes more than $29,000 in back taxes to the county.
James and Ruth Trull of Blaine, who own both Birch Bay Golf Course LLC and CITT LLC, could not be reached for comment. The Trulls have an unlisted telephone number and workers at the golf course, which the Trulls manage, said they were unavailable for comment. The Trulls' attorney in the suit, Roger A. Myklebust of Seattle-based Ryan, Swanson & Cleveland law firm, did not return calls.Kip Childs, a Portland, Ore., attorney representing the tribe in its lawsuit, said the Grand Ronde tribes make significant money from their Spirit Mountain Casino and used the proceeds to invest in real estate in Washington.
"The tribe made a series of loans that went into default that were secured by the course," Childs said. "The tribe filed a lawsuit to get a judgment."
The Sheriff's Office auction will take place at 9:30 a.m. on Nov. 5 at Whatcom County Courthouse, 311 Grand Ave. The Trulls can still stop the auction if they pay the tribe the more than $20 million they owe.
At the sale, the Grande Ronde tribe will have the option to make the first bid on the properties for the same amount they are owed, effectively recouping the money they are owed. However, if anyone bids higher than the tribe, any money over the judgment price will go to the Trulls, said Kevin Moyes of the Sheriff's Office.
