A Denver entrepreneur is suing the prestigious Colorado Golf Club, claiming his sudden ban from the private course not only violates club rules but also derailed a lucrative business sale worth tens of millions.
Cole Evans, owner of Kiss Nutraceuticals – a Denver-based nutritional supplement company – filed a lawsuit in Douglas County District Court on October 20. He claims club manager Brian Straight falsely accused him of trespassing and stealing liquor during a visit in May 2023, then ordered him off the property in front of potential buyers.
“Brian Straight told Mr. Evans that he was not welcome on the property and that if necessary he would call the police to escort him away,” the lawsuit said.
At the time, Evans was in discussions to sell Kiss Nutraceuticals to Chicago-based Shore Capital Partners “for a cash value in excess of eight figures,” according to the complaint.
Evans says he invited the potential buyers for drinks at the club — of which he was a member — after attending a Denver Nuggets playoff game. He claims that two club employees, Jack Sims and Carter Motichka, joined them in the clubhouse at their invitation and later invited Evans for another round.
Evans believed the late-night meeting was permitted, noting that some members stayed until 4 a.m. He says he left at 1am. However, the next day he was confronted by Straight at lunch and told to leave.
Club attorney Linda Knight of Spencer Fane denied any wrongdoing.
“Colorado Golf Club denies the allegations in the complaint,” Knight said. “The board acted appropriately based on Mr. Evans’ conduct and in accordance with the membership plan and bylaws.”
Evans claims the club used the incident as a pretext to remove him after previous rule violations, such as playing golf with guests for a limited period. He also claims he was expelled without the required hearing and that the employees involved were later fired — proof, he says, that they were to blame, not him.
The lawsuit seeks reinstatement of his membership, reimbursement of dues and damages for the failed business deal.
Evans and his company have a history of legal problems. Kiss Nutraceuticals has faced multiple lawsuits over unpaid debts, including a $1.2 million judgment this month in connection with a breach of its warehouse lease. The company also paid a $215,000 settlement in a 2020 hand sanitizer mislabeling case and a $62,500 fine to the state of Colorado.
Evans is represented by attorney Stephen Scheffel of Thomas Scheffel & Associates in Denver, who declined to comment on the case.
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