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Venue in resort investment case must be where misrepresentations occurred, not where damages suffered

Jeffrey Hollander and others sued the Mountain Grand Lodge & Spa, Boyne USA, Inc., and Boyne Realty Resort Sales, arguing that the Defendants cheated them out of projected profits.  The Plaintiffs claimed that the resort sold units based on misrepresnted occupancy rates and then deeply discounted blocks of their own vacant rooms to generate revenue for the Defendants, at the expense of renters.  The Plaintiffs attempted to pursue the action in Oakland County, arguing that it was in their home county where they suffered injury to their investment portfolio.  The Court made short work of this venue argument:  it held that the tort "reform" statute requiring that cases be brought where the injury occurred applies to investment injuries and that the injuries occurred in Emmet County where the allegedly wrongful actions diminished the plaintiffs' investments.

Thompson O’Neil, P.C.
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Traverse City, Michigan 49684
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