Las Vegas Sun

October 22, 2014

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Judge dismisses restaurant operators’ lawsuit against Boulder City

The Boulder City Council is expected to decide later this month whether to continue seeking thousands of dollars of back rent and cleanup costs from the former operator of its golf course restaurant.

The city council will be asked at its Sept. 25 meeting whether to pursue a claim of more than $85,000 in rent it says is owed by Daniel and Veronica Topchi, owners of D&M Enterprises, the former operator of the Boulder Creek Golf Club's country club restaurant, the Creekside Grill.

The city also says the Topchis owe more than $73,000 in cleaning, equipment, repair and inventory replacement after they vacated the restaurant in November 2008.

The restaurant has been opened under new operators as the Boulder Creek Grill.

Earlier this month, Clark County District Judge Michael Villani dismissed a lawsuit the Topchis had filed against the city in October 2007.

The Topchis sued the city, claiming they had a contract for the exclusive right to provide food and beverages in Boulder Creek Golf Club’s pavilion. They sought damages of about $300,000 for the loss of business they said was caused by the city for letting other entities provide food and beverage at events there.

At a recent bench trial, Villani ruled that damages the Topchis sought in the case are speculative and there was no reasonable accurate amount that can be based on any specific information.

Because the Topchis have filed for bankruptcy, the judge told Boulder City's attorneys that if the city pursued its rent and cleanup claims it might be "a tremendous uphill battle," according to court minutes.

However, Villani set a court date for Oct. 10 so the city can let him know if they intend to pursue that claim.

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