The number of lawsuits pending against the developer of the BayView condominium project in the Village of Suttons Bay grew again last week.

As of Aug. 31, Suttons Pointe Development, L.L.C. was facing six lawsuits.

Marcus W. Yono, the head of the development company as well as Livingston Building Company, which is overseeing construction at the development, has been named individually as a defendant in two of the lawsuits.

One, filed in July by VanDrie Home Furnishings of Cadillac, accuses the developer of ordering more than $23,000 worth of furniture for use in a model condo unit, failing to pay for the furniture, then selling the condo unit as a “furnished” unit. VanDrie is seeking a judgment of nearly $70,000 in its case against the developer.

The latest lawsuit, filed Aug. 31, comes from Garrick and Cynthia Opie and Michael Bernardo, who are demanding the return of $40,000 they paid as a deposit to purchase a vacant “single family” lot on the west side of M-22 north of M-204 in Phase One of the BayView project.

Vacant lots in that phase of the development had been listed at $110,000 each.

The plaintiffs allege that the purchase agreement they signed did not comply with requirements of state law and that they never received other documents and disclosure statements from the developer as required by law. They also allege that the deposit they paid the developer was not placed into an escrow account as required by law.

The developer has refused to refund their money as they requested and as required by the Michigan Consumer Protection Act, the suit alleges.

In July, another couple, Roger and Terri Lynema, filed a similar complaint to have their $40,000 deposit returned to them after they agreed to purchase a $479,000 condo unit. Among other things, the Lynemas’ suit accuses the developer of engaging in “unfair, unconscionable or deceptive methods, acts or practices in the conduct of trade or commerce.”

Another similar complaint was filed in June against the developer, but has since been amended to include Yono individually.

In June, Norbert and Shelley Baumgartner accused the developer of violating the Michigan Condominium Act by failing to provide a disclosure statement, providing an illegal disclosure statement, providing an illegal purchase agreement, and violating the Michigan Consumer Protection Act. The Baumgartners are demanding their $73,900 deposit back on a BayView condominium unit they had agreed to purchase.

In August, the Baumgartners amended their complaint to include Yono personally, accusing him of “fraud” and “misrepresentation” among other allegations.

The Baumgartners allege that Yono failed to disclose that the owner of another condo unit, Melinda Funston, had won an arbitrator’s award to have the entire $700,000-plus purchase price of her condo unit refunded because of defects in its construction. An engineer’s report cited in the Funston case indicated that building codes were violated in constructing the BayView condo unit and that the defects could not be corrected without a massive rebuild. A Circuit Court judge subsequently accepted the finding.

The Bumgartners’ suit also alleges that a person representing herself as Yono’s sales agent, Kari Kulbaba, had discouraged them from inspecting the unit they had hoped to buy, and that Kulbaba had claimed that “she did not know what a disclosure statement was.” Kulbaba had indicated that she moved to Suttons Bay from Yono’s home office in Brighton, the suit states.

Neither Kari Kay, who is listed as “BayView General Manager” on BayView letterhead, nor Yono would return phone calls from a reporter seeking more information.

Yono is also named individually in a suit filed by Molon Excavating, which is seeking nearly $90,000 it says is still owed on work it did for the developer. Molon’s suit accuses Yono personally of “Fraud/Misrepresentation” for indicating that the company would be paid in full if they discharged a $94,000 construction lien against the development.

Molon discharged its lien, but has yet to be paid in full for the work it performed, according to the lawsuit.

In July, a newly-formed corporation called “Dockside Partners, L.L.C.” filed a suit against Suttons Pointe Development, L.L.C., claiming that the developer engaged in “misrepresentation” and “fraudulent concealment” by claiming that condo units would be only used for “single-family purposes” – then marketing the condos for “fractional” or “timeshare” ownership.

The lawsuit includes “class action allegations” and asserts that other BayView condo owners have been damaged as well. The “Dockside Partners” corporation is apparently named after the “Dockside Circle” street address used for most of the BayView condo units. As of this week, the owners of only one condo unit, Gerrit and Beverly Vandenbosch, had been named as parties in a potential class action against the developer.