Attempts by Dr. Rex Parent, owner of Oakwood Resorts LLC, and his counsel to settle the lawsuit from nine neighbors have failed. The neighbors, who live across Conklin Bay from Oakwood, filed a lawsuit May 27 seeking a preliminary and permanent injunction regarding band noise coming from Oakwood.
Parent contacted The Mail-Journal Tuesday night, June 9, to discuss the attempted settlement. Parent, David Bailey, his counsel; Tamra Henry, general manager of Oakwood; some of the plaintiffs; and their counsel, Robert MacGill met around 5 p.m. Tuesday. Parent offered to move the bands inside the bar for 60 days, set up a committee with some of the plaintiffs, Henry and a sound engineer to come up with another solution.
Henry told MacGill there were several weddings planned this summer with outdoor receptions planned where a DJ or private band has been hired. These receptions would be held either under the entertainment tent or on the lawn.
Plaintiffs asked if Henry could contact the brides and asked if the receptions could be moved indoors or to another location at the resort. Henry said she couldn’t do that as the couples had already paid for the venue.
Henry said MacGill Bennington Boats, a manufacturer of high end luxury pontoons, has rented out the entire resort for a week in August. During this time, the company brings in all of its dealers from around the world. During the week there are a few nights when music is performed on the patio outside. Plaintiffs asked if the event could be pushed back to September. Henry said that would be a deal breaker. “Last year their (Bennington’s) bill was $250,000 for the week,” she said. The company is also booked to use the resort in 2016 and possibly 2017.
Parent said he attempted to meet with Andy Mohr, one of the plaintiffs in the case. Mohr’s wife, Lorna, owns their cottage and filed an affidavit with the court stating she and her family are not able to enjoy the cottage on weekends due to the band noise from Oakwood.
Parent said Mohr agreed to meet with him Monday, June 8, so he flew home early from a family fishing trip in Florida only to have Mohr cancel. Parent said he offered to meet with Mohr Tuesday and Mohr refused.
A phone call to MacGill was not returned by deadline.