WEST VIRGINIA RECORD

CHARLESTON – A candidate for a seat on Charleston's City Council has been sued by a country club for an unpaid bill of nearly $6,000.

Berry Hills Country Club filed its complaint against Bobby Johnson on May 4 in Kanawha Circuit Court. Johnson is a Republican running for an at-large council seat.

In the complaint, Berry Hills claims Johnson applied to become a member of the club on May 30, 2014. It says each month Johnson was a member, he was sent an invoice which "clearly stated incurred monthly charges, amount(s) due ... and a breakdown of the time period during which said amounts have remained due and owing."

It says Johnson's last payment to the club was on July 31, 2014.

After that payment, Berry Hills claims Johnson "continued to use the club and continued to accumulate charges for his dues, invoices and for golf, food and other amenities which are offered by Berry Hills to its members."

On Jan. 27, the club says it informed Johnson through a letter that the Board of Directors voted to terminate his account because of non-payment. Three days later, Berry Hills' attorney Miles B. Berger of the Charleston firm of Romano & Associates PLLC sent Johnson another letter informing him of the debt of $5,919.99 he owed and giving him 30 days to dispute it. Another letter was mailed Feb. 3 to a new address for Johnson after he had purchased a new home.

On March 3, another letter was mailed to Johnson. And again on April 3, yet another letter was mailed to Johnson labeled a "Final Notice." In that letter, Berger said formal collection proceedings would begin.

"On numerous occasions since Feb. 3, 2015, the defendant has stated to undersigned counsel of his intent to either sign or execute a promissory note or pay the balances owed to Berry Hills," the complaint states. "However, even being given more than ample opportunity to do so, the defendant has failed to make any payments to Berry Hills."

The club seeks the $5,919.99 as well as court costs, attorney fees and any other relief.

Berry Hills is represented by Berger and Shawn R. Romano. The case has been assigned to Circuit Judge Duke Bloom.

Kanawha Circuit Court case number: 15-C-846