DALLAS (CN) – Pro golfer Y.E. Yang sold an indoor driving range without proper permits or enough parking spaces, the buyer claims in Dallas County Court.
Max Biong Kwom Im, of Highland Village, sued Yong E. Yang, of Southlake, and Harmony Golf Range LLC.
Yang has played on the PGA Tour since 2008. He won his first major tournament at the 2009 PGA Championship at Hazeltine National Golf Club in Chaska, Minn.
Im claims he agreed to pay $90,000 for the 4,507-square-foot indoor golf range that Yang uses for his own training, and which is open to the public.
He claims the defendants fraudulently applied for a city occupancy permit for an “office showroom/warehouse,” which requires only seven off-street parking spaces.
“The total off-street parking spaces available for the premises were only 38.84 spaces,” the complaint states. “However, an indoor golf range as classified as a Commercial Amusement (inside) by the City of Dallas Zoning Ordinance [requires] one off-street parking space per 100 square feet of floor area, meaning that the indoor golf range required at least 41 off-street parking spaces.”
Im says that after he tried to change the ownership on the certificate of occupancy, the city found that the proper permit had not been issued. When he tried to apply for the correct certificate as an indoor commercial amusement, the city denied the application due to insufficient parking.
“On April 20, 2012, plaintiff sent a notice of cancellation and rescission of the contract to the defendants,” the complaint states. “Then, plaintiff closed the business because plaintiff was unable to obtain a proper occupancy permit to legally operate the business on May 31, 2012.”
Im seeks actual and punative damages for deceptive trade, fraud, negligence, negligent misrepresentation, breach of contract and unjust enrichment.
He is represented by Andy Cho in Dallas.