Shelbyville Daily Union

Local News

July 15, 2009

Eagle Creek Resort Closed by Court Order

Local attorney E. C. Eberspacher has confirmed that Circuit Court Judge Michael Kiley has accepted the recommendation of the court receiver appointed for Eagle Creek Resort near Findlay and has ordered the resort closed.

That court receiver is E.C.R. Associates L.L.C., who specializes in short term resort management.

E. C. R. Management recommended the order to close to protect the rights of the employees and guests due to the safety hazard of mold.

Eberspacher represents Marine Bank which is one of the mortgage holders.

“Marine Bank has made a decision that they do not consider it cost effective to continue to pursue the collection of their debt through the sale of the resort,” said Eberspacher. “They (Marine Bank) has asked the court to dismiss the pending mortgage foreclosure case. That is the bank’s position.”

Eberspacher said Marine Bank is more concerned for any health issues and that employees are paid.

“The bank is always concerned about public health issues and also is very concerned about being sure that people who put in eight hours of work get paid for it,” continued Eberspacher. “We want to be sure to the extent that the court agrees with us that those things happen.”

Stephen Melega, Shelby County Health Administrator said his department had been contacted regarding the mold problem. He said his department did an on-site investigation on July 1.

“Most of the mold problem was confined to the indoor pool area and a few rooms,” said Melega. “The manager had a plan of action to correct the problem.”

Melega went on to say Joe Brown, the Manager at Eagle Creek, had brought in big commercial fans with HEPA filters.

“He had contacted a firm out of Springfield who specializes in mold abatement,” continued Melega. “After our investigation the air quality was good.”

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