Creekside eatery to change hands

By Jean Reid Norman, Cassie Tomlin

Thursday, Nov. 13, 2008 | midnight

The Creekside Grill at Boulder Creek Golf Club will change hands Sunday after its operators won the right in District Court to be the exclusive provider of food and beverages in the pavilion tent outside the club.

District Judge Douglas Herndon ruled Nov. 5 in favor of D&M Enterprises and owner Veronica Topchi in lawsuits between the restaurant and the city over terms of the contract.

"I have no more money to run it. They've run me out," said Topchi, who will continue to operate Toto's Mexican restaurant on Nevada Highway.

The Creekside will reopen within a day or so under the management of Andy Schaper and Bill Atkin, who have contracts with the city for golf professional and golf maintenance services, City Manager Vicki Mayes said. It will continue to be called the Creekside Grill, she said.

Topchi said her contract with the city made her the exclusive provider of food in the pavilion and on the golf course, while the city maintained outside caterers could be used.

In October 2007, Topchi sued the city for breach of the contract. The city countersued in February, alleging unspecified damages.

The lawsuits are still scheduled to go to trial Monday to determine whether the city will pay Topchi damages and whether Topchi will have to pay tens of thousands of dollars in back rent.

"The ruling is welcome in that it defines the responsibility of the parties for trial," David Rivers, Topchi's attorney, said. "We now know that the court agrees with the Topchis that they had an exclusive right to provide food and beverage at the pavilion. And the city has been interfering with that right for some time."

Attorney Ryan Johnson, who is representing the city in the case, said the city believes that D&M breached the contract and will argue as much during the trial. City Attorney Dave Olsen is not representing the city, because he will be a witness in the trial as the person who drafted the agreement.

"We disagree on a number of levels with the Topchis," Johnson said, though he declined to elaborate.

He said the city had begun eviction proceedings, but they were no longer necessary, because D&M is closing the restaurant.

Topchi said the restaurant would close without fanfare after lunch on Sunday.

The city told Topchi last year to stop booking events in the pavilion while it awaits a new facility to be built by Hawthorn Suites, Topchi said.

It appears the pavilion has not been used for months, since the Hawthorn Suites deal was signed, Rivers said.

"It looks to me like the city preferred to lose money rather than at least book while they could," he said.

Cassie Tomlin can be reached at 948-2073 or [email protected]. Jean Reid Norman can be reached at 990-2658 or [email protected].