Before we begin, let me say that this is actually recent news – that Property Owners were Never Told About! The lawsuit was filed in 2017, and was quietly and secretly settled in May 2019. The Smoke Signals didn’t cover it – didn’t look out for the interests of any property owners. That’s why I call them the “Smoke Screen” Newspaper. The POA didn’t mention it in any of their informationals, emails, nor the “Inside the Gates” magazine either. I guess this could be classified as more “Secret” information that was not for property owner eyes.
On March 31, 2017 a lawsuit was filed by 3 Big Canoe Families (Steven and Patricia PAPKE; Steven and Catherine BARCROFT; and Carl and Dianna PETERSON). All three families alleged damages by the Developer, Big Canoe Company, related to damages they suffered in the course of having their homes built using recommendations to the Big Canoe Company Preferred Builder Program. During 2012, 2013, 2014 and 2015, the Big Canoe Company marketed and sold land that “required” some buyers to “use a contractor that was a member of its Preferred Builder Program.”
Plaintiff’s experienced liens on their homes for the Builder’s failure to pay subcontractors, shoddy workmanship, and were subject to “reckless and fraudulent” endorsements for builders – which the Big Canoe Company was actually receiving kickbacks from.
- The Papke’s alleged $133,000 in actual damages + $500,000 in punitive damages.
- The Baccroft’s alleged $287,887 in actual damages + $500,000 in punitive damages.
- The Peterson’s alleged $256,000 in actual damages + $500,000 in punitive damages.
The lawsuit was for a grand total of $2,176,887.03 as split between the families. As part of the case being Dismissed, there was a Secret Settlement, the details of which are under non-disclosure. The filings of the case are public record however. The Master List of Case Filings shows that a whopping 244 Court filings were made in the case. This included numerous transcripts of depositions, and hundreds of pages of evidence. It is too voluminous to scan and upload, so what this Newspaper has done is to scan and upload just a few of the pertinent, originally filed documents, along with the dismissal. Anyone who purchased land from the Big Canoe Company during 2012 – 2015 and was required to use a Builder from the Preferred Builder Program, or that relied upon the Developer’s recommendations when choosing a Builder from the Preferred Builder Program – and subsequently experienced damage, loss or hardship as a result, may wish to glance over these documents for a general idea of the Complaint and Related Issues.
Original Complaint (15 pg PDF)
Amended Complaint (11 pg PDF)
1st Discovery – Admissions Requests (7 pg PDF)
1st Discovery – Request For Production of Documents (4 pg PDF)
Case Dismissal (1 pg PDF)
Property Owners in general, or perspective buyers of homes or lots within Big Canoe, may wish to peruse these documents to get an idea of the trustworthiness, or lack thereof, regarding the Developer of the Community you are in, or contemplating becoming a member of.
Property Owners may want to write a letter to the “Smoke Screens” Newspaper asking them why they focus the majority of their time promoting uncivil personal attack Letters to the Editor, instead of looking out for the community. OR are they perfectly aware of what they are doing… allowing themselves to willingly be used as a weaponized Media Tool to deflect attention from important issues being investigated in the community – by attempting to destroy the credibility of those doing the investigating???
There will never be civility in a community where the Developer, POA, GM, Facebook Admins, and local “Newspaper” collude to coverup and suppress information from reaching property owners. There will always be someone asking questions…. and always a reputation waiting to be destroyed by those that operate in darkness.
IF ANYONE WANTS TO GET EARLY RELEASES OF OUR ARTICLES, or some held-back additional details and comments that we lay out in discussions, join our Facebook Group, and join the discussion.
https://www.facebook.com/groups/FocusonBigCanoeGA/
If you are receiving an email forward to this story, or perhaps saw it on facebook or twitter – and you would like to sign up to be on the Eblast Mailing List – sign up here: http://bigcanoe.themountainsvoice.com/eblast-signup/
If you are aware of something that needs investigation – contact us on our Tipline. Also, we are also always interested in receiving Property Owner “Letters to the Editor”, or Citizen Journalist articles. You CAN make a difference. I should directly state – that due to the extremely hostile and toxic atmosphere currently in the community – we will consider publishing letters and articles under anonymous submission. We understand the fear that exists in the community – and we don’t blame people for being scared to speak up. We protect our sources.
Peace,
– david / publisher
themtnsvoice@aol.com < tipline and submissions for letters to editor
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