by Archana Subramaniam by CNB
Roanoke Times Copyright (c) 1995, Landmark Communications, Inc. DATE: SATURDAY, February 6, 1993 TAG: 9302060064 SECTION: BUSINESS PAGE: A-6 EDITION: METRO SOURCE: CHARLYNE H. McWILLIAMS DATELINE: LENGTH: Short
APARTMENT OWNERS TAKE PARTNERSHIP DISPUTE TO COURT
Eight partners in a Roanoke apartment complex, mostly doctors from Roanoke and Salem, have filed suit in Roanoke Circuit Court against 18 other limited and general partners of Countryside Estate Apartments Partnership, which owns Countryside Estates on Highland Farm Road off Hershberger Road.Charles Williams with Gentry Locke Rakes & Moore is the attorney for the plaintiffs and William Etherington of Beale, Balfour, Davidson, Etherington & Parker in Richmond is defense counsel.
The case is to be heard next month by Judge J. Aubrey Matthews of Marion because local judges might be familiar with the cases and the people involved, Williams said. He expects a trial in the spring.
The plaintiffs claim the general partner, Westwind Properties, operated by Grant Clatterbuck and Tim Thielecke of Roanoke, is not acting in the best interest of the Countryside Estate partnership.
The suit says Clatterbuck got the plaintiffs involved in the project as creditors, holding a $700,000 note on the apartments; and after financial difficulty, the partnership was reorganized to make the plaintiffs partial owners.
The plaintiffs say they aren't happy with the agreement and are asking the court to dissolve the partnership and investigate for possible fraud.
A response and counteraction filed for Clatterbuck, Thielecke and the other defendants denies the charges and says the plaintiffs knew the details of the reorganized partnership agreement.