Federal appeals court: Colorado couple can sue Jack Nicklaus over failed Utah luxury resort

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A federal appeals court has ruled a Colorado couple can sue Jack Nicklaus over an alleged misrepresentation of the golf legend's membership role in a failed $3.5 billion southern Utah luxury golf resort.

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Jeffrey and Judee Donner sued Nicklaus and his company in 2011, saying he "solicited" them in 2007 to spend $1.5 million to live in the proposed Mount Holly Club development, which was to include an 18-hole course designed by Nicklaus.

Their lawsuit was tossed out by U.S. District Judge Clark Waddoups of Salt Lake City in 2013.

The Salt Lake Tribune reports (http://bit.ly/1B7iJ1V ) a three-judge panel of the 10th U.S. Circuit Court of Appeals on Thursday said the Donners had "adequately alleged intentional misrepresentation" and can challenge Nicklaus' status as a Mount Holly charter member.

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Information from: The Salt Lake Tribune, http://www.sltrib.com