Copyright dailymail
A Colorado businessman claims he was kicked out of an exclusive golf club just as he was about to close an eight-figure sale. Cole Evans, the owner of Kiss Nutraceuticals - a Denver-based company that creates personalized dietary supplements - has filed a lawsuit against the Colorado Golf Club in Parker, according to court documents obtained by The Denver Post. The entrepreneur claims the club’s manager falsely accused him of breaking in and stealing liquor, then banned him, derailing a lucrative eight-figure deal. Evans is now seeking reinstatement as a member of the golf club, along with an unspecified sum for the ruined sale and for dues he paid over the past two years while contesting his expulsion. The lawsuit, reportedly filed in Douglas County District Court on October 22, alleges that Evans was looking to sell his company to Shore Capital Partners, a Chicago-based private equity firm. According to the complaint, he had reportedly planned to sell Kiss Nutraceuticals 'for a monetary value in excess of multiple eight figures' - the exact figure is unspecified. In May 2023, Evans allegedly attended a Denver Nuggets basketball game with two potential buyers before returning with them to the Colorado Golf Club, where he was a member and the buyers were staying. It was there that Evans and the two unidentified buyers allegedly invited Jack Sims and Carter Motichka, two club employees, to discuss their business ventures - an invitation the men reportedly accepted, according to the lawsuit. After the conversation, Sims and Motichka allegedly invited Evans back to the clubhouse for a drink, which he reportedly accepted. While in the clubhouse, Evans allegedly encountered General Manager Brian Straight. He then reportedly continued drinking until around 1am, according to the lawsuit, despite other members often staying past the early hours of 4am. The following day, Evans alleged that Manager Straight approached him during lunch - just as he was preparing to finalize the deal - and reportedly had him removed from the property. 'Brian Straight told Evans he was not welcome on the property and that if needed he would call law enforcement to escort him off,' the court document claims. In the lawsuit, Evans’ legal team reportedly acknowledges he previously broke club rules -specifically, golfing with guests when it wasn’t permitted. However, Evans alleges the club had already set its sights on removing him and the late-night drinking incident merely gave the board a convenient reason to do so. According to the documents, 'the club was looking to remove Mr. Evans' before he finally 'provided the board with an excuse.' Evans reportedly contends that he was denied a proper hearing before being permanently banned, which he says violates the club’s rules. He also alleges that the board rushed the removal and blatantly ignored the required voting process outlined in the bylaws, as reported by The Denver Post. The lawsuit highlights that the two employees involved in the May incident were soon fired, which Evans reportedly argues proves they, not he, were at fault. 'Mr. Evans was under the impression that these activities were sanctioned by the club and that he was not violating any rules,' the lawsuit states. On the other hand, Linda Knight, attorney for Colorado Golf Club, reportedly maintains that the club has acted appropriately and denies any wrongdoing. 'Colorado Golf Club denies the allegations in the complaint and that will be indicated in the forthcoming pleadings that we file with the court,' Knight said, according to The Denver Post. 'The board acted appropriately based on Mr. Evans' conduct and in accordance with its membership plan and bylaws,' she added. Now, Evans is asking Douglas County District Court Judge Stacy Guillon to reinstate his membership and award him an unspecified amount in damages for the losses he claims resulted from the club’s abrupt and wrongful actions. Evans and his company have a history of legal troubles, including an ongoing case in which a lender is suing them for $328,000, alleging they misrepresented themselves as hand sanitizer manufacturers in 2020, as reported by The Denver Post. Although they denied any wrongdoing, they settled the case for $215,000. He was also ordered to pay a $62,500 fine to the state for misrepresenting the product. In October, Evans and his company paid a $1.2 million court judgment to settle a dispute with the company’s former warehouse over a breached lease.
