SUBLETTE COUNTY – In their Sept. 19 response to the recent civil lawsuit filed on July 21 by a Big Piney investor to collect more $134,000 from Triple Peak Landscaping, LLC, owners Ramsey and Shane Copeland provided their affirmative defenses.
William Murdock’s civil lawsuit alleges breach of contract and unjust enrichment by the Copelands after Murdock invested $30,000, then $80,000 and then $34,000 in other expenses with the company.
The limited liability company was dissolved, according to the Wyoming Secretary of State’s business website.
“Under (state law), the members of a limited liability company are not liable for the company’s debts,” they responded. “… the level of control of a limited liability company by the members is not relevant with respect to the members’ liability.”
It also claims Murdock “has failed to mitigate his damages,” that “there is no privity of contract” between Murdock and the Copelands and the complaint “fails to state a claim upon which relief can be granted.”
Attorneys and 9th District Court Judge Marv Tyler held a telephone scheduling conference on Sept. 20 and the order isn’t yet filed with the complaint
In the Sept. 12 civil complaint for breach of contract, the Town of Marbleton seeks to enforce repayment of Shane Copeland’s promissory note with the town for $32,233.34. Ninth District Court sent both Copelands that weren’t returned by press time.
Kraig Frome also filed a civil complaint Sept 9 in Lincoln County’s 3rd District Court for breach of contract, breach of implied fair dealing and conversion.
It says that Triple Peak Landscaping, LLC is “a now administratively dissolved Wyoming limited liability company” with Shane and Ramsey Copeland as co-owners. Frome hired them to build a pole barn with 16 posts; only 13 posts were delivered and 10 holes dug, it says. That was the extent of work completed, it says.
On July 14, Frome sent the Copelands and Triple Peak Landscaping a demand letter for refund of payments he made to them and had no response, it says.
“Defendants Ramsey Copeland and Shane Copeland have not operated Triple Peak Landscaping LLC as a separate entity as contemplated by statute and therefore … should not be treated as a separate entity,” it says.
Both are summoned to appear in 3rd District Court but had not responded by press time.
Last week, Sublette County Sheriff KC Lehr confirmed that the Copelands and Triple Peak Landscaping are under investigation in Sublette, Lincoln, Sweetwater and Teton counties. The Wyoming Division of Criminal Investigation is coordinating the investigation.