THE VIRGINIAN-PILOT
Copyright (c) 1996, Landmark Communications, Inc.
DATE: Sunday, October 20, 1996 TAG: 9610210178
SECTION: LOCAL PAGE: B1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: 128 lines
In the bustle of Virginia's largest city, it is hard to imagine a more tranquil spot than the Cavalier Golf & Yacht Club.
The leafy golf course meanders around pricey waterfront homes. Pleasure boats float on Little Neck Creek. The surrounding neighborhood of Birdneck Point is covered with tall old trees.
But behind the placid facade is an ugly personal feud that has consumed the exclusive country club near the Oceanfront for the past two years.
On Monday, that feud will play itself out in Circuit Court, in the trial of a multimillion-dollar lawsuit among club members.
On one side is Charles Burlage, 72, an outspoken lawyer and hotel owner who was suspended from the club in 1994 for leading a membership revolt against an expensive renovation plan and dues increase.
On the other side are the club's 16 directors, a veritable Who's Who of Virginia Beach that includes a federal bankruptcy judge, two bank presidents, three lawyers and other well-knowns.
Burlage and his wife, Carol, are suing the club and its directors for $9.5 million.
The Burlages were suspended for five months in October 1994 for ``conduct that is contrary to the welfare of the membership.'' The Burlages then sued the club and its directors a few months later, in February 1995, accusing them of defamation, conspiracy and other things.
In response, the club's directors kicked out the Burlages permanently in April 1995. The directors were explicit. They told the couple: You cannot sue the club and expect us to keep you as members.
``The primary, but not the only, purpose of this club is to afford a pleasant, friendly and congenial social relationship and associations among the members,'' club president W. Larry Perkins III wrote to the Burlages in March 1995.
Perkins wrote that the Burlages' lawsuit was ``contrary to the welfare of the membership in that (it) interferes with the harmonious association of the members of the club.''
Burlage says the club is punishing him for simply exercising his rights - his right as a club member to oppose bad policies, and his right as a citizen to sue in a court of law.
``Why proceed to attempt to discipline me just for filing a lawsuit in which a jury may find you and the Board of Directors at fault?'' Burlage wrote to Perkins last year. ``Why add insult to injury before a jury has had an opportunity to carefully consider whether I am right or whether you and the Board of Directors are right?''
The trial is expected to last all week. Jury selection will start Monday morning.
Dozens of witnesses are expected to testify, giving outsiders a glimpse of the inner workings of the private club, where the entry fee is $12,000 and the average age is 61.
The court file shows how badly the Burlage affair has split the club's 600 members.
For example, one letter in the court file is from club member Joel M. Turner, 72. He wrote to the club directors in March 1995, demanding that the Burlages be tossed out for filing their lawsuit and expressing ``untruths and deceit'' in a subsequent newspaper interview.
``This publicity was obviously designed by the Burlages to embarrass not only the Board of Directors but also the whole club membership,'' Turner wrote. ``This has made me angry and many of our friends and fellow members have expressed the same anger . . .
``I do not believe that Mr. and Mrs. Burlage should be allowed the privilege of being members of the Cavalier Yacht & Golf Club. I feel that they have now created such a horrible situation that for the rest of the members to have to tolerate their presence in the club would be most unfair.''
But another member, innkeeper William N. Wright, urged the club directors not to kick out the Burlages.
``I think all members would agree that we should take a deep breath, sit back and wait for the court outcome,'' Wright wrote to Perkins in April 1995, in a letter that is now part of the court file. ``Let's get on with running the club in a dignified and orderly manner.''
The club expelled the Burlages a few days later.
Burlage, a maverick businessman who owns Barclay Tower on the Virginia Beach Oceanfront, is no stranger to controversy.
In 1965, Burlage ran for the state Senate against the powerful Kellam family Democratic machine, blasting the Kellam name at every opportunity. He lost.
In 1967, he ran for the state House of Delegates, this time with the backing of Kellam Democrats. He lost again.
In 1972, he ran for Congress against popular incumbent G. William Whitehurst. He lost again.
And in 1977, Burlage was accused of assaulting a friend after accusing the man of ``carrying on'' with Burlage's wife. He was acquitted.
Since then, Burlage has managed a series of Oceanfront businesses and has published a self-help book titled, ``How To Think Yourself To Happiness,'' which discusses how to overcome life's setbacks without turning to drugs or alcohol.
At age 72, Burlage says that most of his own happiness came from the country club, where he was a golf champion. He would arrive every morning by 10:30, play a round of golf and stay until 5 p.m., watching TV, playing cards or just falling asleep on a couch.
``Aside from my wife and my children, it's 85 percent of my life,'' Burlage said last year. ``It's my laughing place. I get excited about going there. I get excited about seeing the same people I have associated with for 35 years.''
A judge from western Virginia, Kenneth E. Trabue of Penhook, will preside over the trial. All Virginia Beach judges have removed themselves from the case because the defendants include a federal bankruptcy judge, David H. Adams, and three lawyers who sometimes practice before the court. ILLUSTRATION: Color photo
Charles Burlage, was suspended for leading a membership revolt in
1994
Graphic
DEFENDANTS
The lawsuit by Charles and Carol Burlage names 17 defendants.
Besides the Cavalier Golf & Yacht Club, 16 club directors are named:
David H. Adams
James H. Capps
L. Lee Collins
Edward E. Cunningham
J. Brian Donnelly
Don Fentress
John Finguerra
Robert A. Jones
Girard C. Larkin
W.O. ``Wink'' Pearce
W. Larry Perkins III
Earl V. Slattum
Frank R. Toscano
Lawrence E. Waters
William H. Williard
Walton E. Yancey Jr.
KEYWORDS: LAWSUITS COUNTRY CLUBS by CNB