Over 25 Years

Jackson D. Wilson II

Jackson Wilson is a founding member of Theirl Wilson PLLC, a firm focused on representation of real estate, business and hospitality industry clients in transactions, operations and dispute resolution nationally and internationally.  for over 30 years, his practice has been focused in the commercial and multi-use real estate companies and investors in complex business transactions, entity structuring, governance, due diligence, acquisitions, financing, leasing, divestiture, legal compliance, construction operations, ADA and risk management matters.  He has also acted as chief litigation counsel and has managed the resolution of disputes in state and federal courts in several states through negotiation mediation, litigation, appeals and arbitration, including high stakes class action claims and has acted as national litigation and litigation management counsel for a large national club and resort development company.  He has significant experience in hospitality matters including acquisitions, financing, operations, legal compliance, restructuring and repurposing facilities, memberships and member associations.  He is nationally recognized as one of a select national group of "recommended attorneys" in the club and resort industry.

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Representative Engagements

  • Counsel for the owner of the Desert Mountain development in Scottsdale, Arizona in preparation for negotiation of, due diligence and closing of the high eight figure cash sale (described in an industry publication as "the biggest equity conversion in the history of golf") to the members of the ultra high end Desert Mountain Club which involved sale of extensive club facilities, unissued membership rights, water rights, as well as other developer owned real property and assets.   The transaction involved positioning the development for the sale, separation of developer rights and working with master and numerous village property owner's associations to transition developer rights and obligations.  The extended transaction required resolution of litigation and arbitration proceedings related to Club, negotiations with formal and informal member and property owner organizations and operational guidance over the course of nine years prior to the sale.  Post sale representation has been required with respect to the remaining developer rights and obligations retained in the sale.

  • Counsel for the owner of Sonoma Golf Club in Sonoma County, California in the sale of the Club.

  • Counsel for a national private investment fund in the acquisition of a well known North Carolina member owned private country club which included acquiring all developer rights, restructuring long-term membership obligations and membership approval process.

  • Counsel for private investment fund in acquisition of an exclusive well known Oklahoma country club including dealing with the acquisition of financing instruments, receivership of the facilities and developing strategies and methods for moving the acquisition through the complex process created by foreclosure proceedings.

  • Representation of national high density residential developer in negotiating and creating master and sub-developer declarations and related documents applicable to an age-restricted multi-developer recreational retirement community in Virginia.

  • Representation of the owner of the 36 hole Tierre Blanche Golf Club situated in the exclusive Domaine de Terre Blanche development incorporating a four Seasons resort located near the town of Tourrettes in southern France in revising and documenting the relationship with Four Seasons and restructuring the membership programs at the Club.  Provided public relations guidance in the management and resolution of member concerns relating to the restructure and future development of the Club and its relationship with the resort.

  • Regular representation of national, regional and local restaurant companies, real property developers, club, resorts, hotels and businesses in ADA compliance and defense of enforcement actions.

  • Representation of the Ritz Carlton-Maui resort in the resolution of disputes with the development master association over reallocation of development infrastructure expenses.

  • Defended national restaurant chain in a federal trial inolving claims for violations of ADA requesting costly changes in its prototype restaurants and damages.  A directed verdict and attorney fees were granted by the court in favor of client and affirmed on appeal.

  • Representations of owners of large upscale shopping center in Scottsdale, Arizona for construction defects in building structural walls and roof and tenant damage claims.  Resolved disputes with tenant association by settlement with the prime contractor accepting responsibility for the reconstruction and damage amounts.

  • Representation of owners of high-end community development in The Woodlands, Texas in restructure of membership, owner association relationships, planning and development and preparation for the future transition of ownership of an exclusive 36 hole golf club to the members.

  • Representation of client who purchased two large, exclusive developments on an east coast barrier island and was sued by lot owners who purchased from our client's seller.  Civil RICO claims were made in case involving claims over $50 million.  The result was a settlement before trial for $20,000 and prmise not to appear on behalf of other defendants.

  • Successful resolution of litigation between partners in a national golf resort development in which a foreign partner claimed both criminal and civil RICO in a suit requesting damages in excess of $200 million.  A large settlement was paid to the client after a defamation counterclaim was filed for statements and actions by representative of plaintiff.

  • Class action by over 6,000 club members seeking control of a nationally known historic multiple golf facility resort and private club involving claims fro return of claimed  overcharges amounting to over $24,000,000.  Client prevailed releasing client from a long standing permanent agreed order limiting the client's ability to property manage membership, dues and charges.

  • Successfully represented a client against a claim by Hong Kong investors in California superior Court claim who claimed $600 million in damages from a failed California club acquisition alleging fraud and civil RICO.  After a lengthy presentation and cross-examination of the purchasers' case at trial, the trial court granted a directed verdict in factor of the client.