“To date, during the nine years since the formation of Skirvin Partners (the ownership partnership between Marcus and Weeman's group), only diminutive distributions have been made to Skirvin Partners in Development,” Stonecipher wrote. “In contrast, Marcus has received approximately $6 million in distributions, $3.9 million in management fees and $1.2 million in payments for group services from Skirvin Partners in exchange for Marcus's approximately $2.5 million investment and other services.”
Stonecipher also claimed that when, in 2009, Skirvin Partners in Development challenged accounting and documentation provided on “group charges” by Marcus, that a company executive responded, “We have no intentions of discussing this topic at this or future owner's meetings as we would much rather focus on more productive operational and asset management topics.”
Other disputes include a 2007 refinancing approval sought from the Oklahoma City Redevelopment Authority without, as alleged by Stonecipher, coordination with Skirvin Partners in Development. The plaintiffs also question why Marcus has yet to proceed with a capital improvement plan approved by the partners in 2011 to improve the hotel.
Marcus has seen a change in management both at the corporate and hotel level since the Skirvin opened, including the 2011 departure of Bill Otto as president of Marcus Hotels and Resorts. Skirvin Partners in Development, meanwhile, saw the addition of local real estate investor Roddy Bates.