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8 BayView lawsuits now pending

Company says it wasn't paid nearly $27,000 for work.

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

Great Lakes Caulking & Waterproofing of Grand Traverse County on Nov. 7 filed suit against Suttons Pointe Development, L.L.C., Livingston Building Company, and the principal owner of the two companies, developer Marcus W. Yono of Brighton.

Yono and his companies breached their contract with the caulking and waterproofing company, the suit alleges. Yono and his companies promised but failed to pay Great Lakes nearly $27,000 for work done at the BayView condo development in 2005 and 2006, according to the complaint.

The BayView developer is currently facing seven other lawsuits in Circuit Court in Leelanau County, including:

• VanDrie Home Furnishings of Cadillac is suing the developer for nearly $70,000, alleging that furniture provided for a model unit at BayView was never paid for. The developer subsequently sold the unit as a “furnished” condo, the suit states.

• Casey Edick Construction of Traverse City is suing the developer for more than $30,000 it claims is still owed by Suttons Pointe Development, L.L.C.

• Molon Excavating of Traverse City is suing Yono and Suttons Pointe Development for nearly $90,000 the excavating company says it is owed for work completed. The suit accuses Yono personally of “fraud/misrepresentation.”

• A newly formed company, Dockside Partners, L.C.C. – apparently named after the address of most BayView condos on “Dockside Circle” – is suing the developer for selling condos as single-family units, then marketing remaining units as “timeshare” or “fractional ownership” units. The corporation is seeking a “class action” against the developer.

• Roger and Terry Lynema of Ottawa County are seeking the return of $40,000 in “earnest money” they gave the developer for a $479,000 condo unit. The Lynemas allege that the developer violated the Michigan Condominium Act and the Michigan Consumer Protection Act.

• Garrick and Cynthia Opie and Michael Bernardo want their $40,000 deposit back on a $110,000 lot at BayView because of what they allege were unlawful irregularities in purchase agreement documents.

• Norbert and Shelly Baumgartner of Saginaw County are suing Yono and his companies for fraud among other complaints because he allegedly did not disclose that another condo owner had successfully sued the developer for problems with her unit and was entitled to a full refund under a court order.

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