McNeill v CP Boulders LLC is a civil lawsuit filed in late 2023 in U.S. District Court in Arizona, presided over by the Honorable Judge Stephen M. McNamee. The Plaintiff, Corbin A. McNeill, Jr., is a Boulders Club Golf Member and resident of the Boulders development. The Defendant, CP Boulders LLC, is the legal entity that owns and operates The Boulders Resort, Spa and Club (“the Owner.”) It is a subsidiary of Columbia Sussex, a private corporation based in Kentucky, owned by Bill Yung and his family. Columbia Sussex owns a number of other hotel properties.
McNeill alleges that the Owner has violated its contract with him (the 2008 bylaws) by
The goal of his lawsuit is to hold the Owner accountable for honoring its contractual obligations to him, and therefore to ALL Members, including new members, to restore his rights and privileges, to require the Owner to invest in the property improve its condition, and to prevent any future similar irresolvable dispute.
Legal expenses are being funded by voluntary member contributions to the Contract Enforcement Fund, held in a trust by Gallagher and Kennedy, the law firm representing Corbin McNeill and separately retained by the BMA Board of Directors (BMAC.)
McNeill alleges that the Owner has violated its contract with him (the 2008 bylaws) by
- failing to provide and maintain golf courses and facilities (including courts and clubhouse) in a condition comparable to other first-class clubs in the Phoenix metro area,
- creating a new category of membership being sold to non-residents (the 2023 bylaws) without a vote, and
- establishing a new set of bylaws said to supersede his, without a vote, and that eliminate his future voting rights, and
- denying him the right to play golf of the south course on alternating days, and
- denying him the right to play pickleball.
The goal of his lawsuit is to hold the Owner accountable for honoring its contractual obligations to him, and therefore to ALL Members, including new members, to restore his rights and privileges, to require the Owner to invest in the property improve its condition, and to prevent any future similar irresolvable dispute.
Legal expenses are being funded by voluntary member contributions to the Contract Enforcement Fund, held in a trust by Gallagher and Kennedy, the law firm representing Corbin McNeill and separately retained by the BMA Board of Directors (BMAC.)
Lawsuit Update 12-31-2025, Mediation Ongoing
| lawsuit_update_-_12-31-2025.pdf |
Lawsuit Update 11-21-2025, Mediation Continues
| lawsuit_update_-_11-21-2025.pdf |
Lawsuit Update 10-20-2025, Mediation Rescheduled
| lawsuit_update_-_10-20-2025.pdf |
Lawsuit Update 9-13-2025, Hearing Continued Pending Mediation
| lawsuit_update_-_9-13-2025.pdf |
Lawsuit Update 9-6-2025, 2nd Discovery Dispute Hearing Set
| lawsuit_update_-_9-6-2025.pdf |
Lawsuit Update 8-23-2025, Discovery Dispute Hearing
| lawsuit_update_-_8-23-2025.pdf |
Lawsuit Update 8-5-2025, Ruling on MPSJ #4
| lawsuit_update_-_8-5-2025.pdf |
Lawsuit Update 8-1-2025, Ruling on MPSJ #2
| lawsuit_update_-_8-1-2025.pdf |
Lawsuit Update from Corbin McNeill 7-29-2025
| lawsuit_update_-_7-29-2025.pdf |
Lawsuit Update 6-13-2025, Ruling on MPSJ #1
| lawsuit_update_-_6-13-2025.pdf |
Appeal for Contract Enforcement Funds 2-18-2025
| cef_appeal_2-18-2025.pdf |
2023 Bylaws Correction
| lawsuit_update_-_2-9-2025.pdf |
Lawsuit Update 2-6-2025
| lawsuit_update_-_2-6-2025.pdf |
Response & Reply to MPSJ #6
| lawsuit_update_-_response__reply_to_mpsj_6.pdf |
Response & Reply to MPSJ #5
| lawsuit_update_-_response__reply_to_mpsj_5.pdf |
Response & Reply to MPSJ #4
| lawsuit_update_-_response__reply_to_mpsj_4.pdf |
Motion for Partial Summary Judgement #6 Filed
| lawsuit_-__mpsj_6_filed_yesterday.pdf |
Responses & Replies to MPSJ #1 & #2
| lawsuit_-__responses__replies_to_mpsj_1__2.pdf |
Motion for Partial Summary Judgement #5 Filed
| lawsuit_-__mpsj_5_filed_yesterday.pdf |
Motions for Partial Summary Judgement #3 & #4 Filed
| lawsuit_-__more_motions_filed.pdf |
Motions for Partial Summary Judgement #1 & #2 Filed
| lawsuit_-_motions_filed.pdf |
Recap of Zoom Update 10/15/24
| lawsuit_-_zoom_recap.pdf |
Scheduling Order Filed
| lawsuit_-_scheduling_order.pdf |
Scheduling Conference Held
| lawsuit_-_scheduling_conference_held.pdf |
Joint Proposed Case Management Plan 9/20/24
| lawsuit_-_joint_proposed_case_management_plan.pdf |
Upcoming Events 9/15/24
| lawsuit_-_upcoming.pdf |
Recent Developments 8/12/24
| lawsuit_-_recent_developments.pdf |
Court reschedules preliminary pretrial conference
| lawsuit_-_prelim_pretrial_conference_rescheduled_7-24-24.pdf |
Court sets preliminary pretrial conference
| lawsuit_-_courts_rule_16_order.pdf |
CP Boulders reply to complaint filed
| lawsuit_-_defendants_reply_filed.pdf |
CP Boulders granted extension of time to reply
| bmac_reply_to_lawsuit_delayed.pdf |
Zoom call for members 6/6/24 on Ruling Denying Motion to Dismiss
| bmac_summary_of__zoom_call_on_mod_ruling.pdf |
McNeill & Warnquist Address Members 4/25/24
| mcneill-warnquist_4-25-24_brief_summary.pdf |