Shelbyville Daily Union

July 15, 2009

Eagle Creek Resort Closed by Court Order

FRANK MULHOLLAND - Daily Union Managing Editor

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.”

Freddie Fry of the Shelby County Tourism Office said she is working with Eagle Creek to help their guests who have reservations, find other locations.

“We are contacting people who have reservations and working hard to keep visitors coming to the Lake Shelbyville area,” said Fry. “If anyone needs help moving their reservations, they should contact the Shelby County Tourism Office at 774-2244.”

Chris McCloud, Illinois Department of Natural Resources (IDNR) Communications Director said that agency is aware of the court’s decision.

“The Illinois Department of Natural Resources (IDNR) is aware of a decision to immediately shut down operations at Eagle Creek Resort which is located on land leased by IDNR from the Army Corps of Engineers,” said McCloud. “While Eagle Creek Resort including its facilities and golf course are not owned or operated by IDNR, the agency supports the court’s decision.”

McCloud went on to say, “The IDNR is considering the possible next steps while awaiting further direction from the courts. The Circuit Court’s decision does not effect other operations at Eagle Creek State Park and nearby Wolf Creek State Park.”