THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Tuesday, October 22, 1996 TAG: 9610220241
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY JON FRANK, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 76 lines
A rare peek into what the monied leisure class of South Hampton Roads considers proper behavior was provided in Virginia Beach civil court Monday when an Oceanfront hotel owner took on the board of directors of one of the region's most exclusive country clubs.
Charles Burlage, owner of Barclay Tower in Virginia Beach, was threatened with suspension from the Cavalier Golf and Yacht Club two years ago when he confronted the 16-member board over a capital improvements plan the board wanted to implement.
Apparently, it wasn't only that Burlage disagreed with the improvements but that he did so, in the directors' opinion, in an ungentlemanly way that miffed the board, which includes some of the area's most prominent professionals and businessmen.
``You have to conduct yourself as a gentleman in the club,'' explained W. Larry Perkins III, a Virginia Beach lawyer who was club president when the rift developed between Burlage and the board of directors. ``And you have to abide by the club's rules.''
Perkins made his statement as the first witness in Monday's $9.5 million civil trial, which has split the upscale Cavalier club like few disputes before.
All 16 of the board's directors are being sued by Burlage and his wife, Carol. All were in court Monday.
Usually, Perkins testified, disagreements between members are settled quietly so the club can get on with the business of providing a privileged recreational getaway for those who can afford it.
But two years ago, Burlage presented a problem that the board felt compelled to deal with in a harsher way.
Burlage, an outspoken lawyer with a reputation for maverick behavior, was suspended from the club in the fall of 1994 for leading a membership revolt against an expensive renovation plan that was to be paid for by a dues increase.
In suspending Burlage and his wife, both former Cavalier club golf champions, the board maintained that Burlage had engaged in ``conduct that is contrary to the welfare of the membership.''
The Burlages sued the club and its directors a few months later, in February 1995, accusing them of defamation, conspiracy and other things.
The board of directors countered with its ultimate trump card - expulsion. They kicked out Burlage and his wife in April 1995, telling Burlage that membership and a lawsuit against the club were incompatible.
Burlage's attorney, Carl W. Isbrandtsen, told the jury during opening statements Monday that Burlage was devoted to the Cavalier and ``spent more time at that club than he spent at home.''
Isbrandtsen said he will present evidence that the power-laden board, which he characterized as containing ``lawyers, bankers - everything but Indian chiefs,'' participated in ``a process that wrongfully caused my clients to be suspended and expelled.''
The board's attorney, John Y. Pearson, argued that Burlage waged ``war with the board'' by drumming up opposition to the capital improvements plan with petitions and other behavior.
The board acted, Pearson said, because Burlage was helping to create an atmosphere that made the Cavalier ``an unpleasant place to be.''
The way Burlage conducted the opposition, Pearson said, ``was really contrary to the membership, having all this turmoil.''
Testimony is scheduled to continue this morning, and the trial is expected to last at least through Friday. ILLUSTRATION: Color photos
[...W. Larry Perkins III, former president of the Cavalier Golf and
Yacht Club.]
[Charles Burlage, his attorney said in opening statements..]
MOTOYA NAKAMURA\The Virginian-Pilot
The Cavalier Golf and Yacht Club's 16 directors were in Virginia
Beach Civil Court Monday, named in the suit of Charles Burlage and
his wife, Carol. The board expelled the Burlages from the club 18
months ago.
KEYWORDS: CIVIL SUIT LAWSUIT TRIAL CAVALIER GOLF AND
YACHT CLUB by CNB