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Maggie to hold public hearing on Ghost Town loan

Officials at Ghost Town in the Sky continued to pressure Maggie Valley leaders this week to pony up a $200,000 loan to help the beleaguered theme park get up and running.

In a special meeting Monday (April 27), Ghost Town CEO Steve Shiver said the loan could make or break whether Ghost Town reopens this summer.

“We are in a tedious and precarious time. We wouldn’t be here unless we were at the end of our rope,” Shiver said. “My whole livelihood is at stake and my whole future is at stake.”

Town aldermen expressed reservations about putting taxpayer money on the line. While hotel, restaurant and gift shop owners in Maggie are lobbying for the loan, aldermen said they also have to consider the average residents not engaged in the tourism business.

“We are looking out for the entire valley — all the taxpayers. Your side is one-sided, our side is broad,” Alderman Mark DeMeola told Shiver. “We have a lot of responsibility. We have more to answer to than just the business community.”

Shiver argued that if the town’s tourist economy goes under, the whole town will suffer. DeMeola said he recognized that, which is why the town was willing to entertain his pleas in the first place.

“You have an undertaking in your hands that a community is teetering on,” DeMeola said. “You deserve our utmost respect and the respect of the entire valley.”

DeMeola suggested holding a vote to gauge public sentiment since it is their money on the line.

“If the voters say ‘Yeah,’ I say ‘Man, go ahead and do it,’” DeMeola said.

Shiver questioned the wisdom of a town-wide vote, however. Voters are not an accurate reflection of the town’s taxpayers, he said. Many of the hotel and restaurant owners pay taxes but don’t technically live in the town limits and therefore couldn’t vote, Shiver said.

Alderwoman Saralyn Price suggested holding a public hearing instead so everyone could weigh in, whether they are a voter, town taxpayer or none of the above.

“I represent the people and I want to see what they think,” Price said.

Town Manager Tim Barth said a public hearing was in order anyway if town leaders intend to consider the loan request. State statutes require the town to hold a public hearing before granting an economic development loan to a private enterprise. The earliest one could be held is in two weeks.

Shiver said the park could use the money much sooner, as they need money to get open by May 22.

Alderman Phil Aldridge said the “eleventh hour” request has given town leaders little time for due diligence.

“Everything I’ve ever done in life, I have pros and cons and I write them down,” Aldridge said.

The town’s attorney, Chuck Dickson, recommended getting detailed financial statements and a business plan from Shiver before moving forward.

“If I were lending money to someone I would want to act like a bank and want as much financial information as possible, extremely detailed, every single thing I could find out about the ability of the borrower to repay,” Dickson said.

DeMeola agreed.

“It may not be a service to you speed-wise to do this, but we need ample time for the town to have everything detailed,” DeMeola told Shiver.

Shiver said a business plan for pulling through bankruptcy is in the works and could be shared with the board. Shiver said Ghost Town’s owners and investors have pumped millions in personal assets into the park already.

“I don’t have any more money to put up,” Shiver said.

Shiver couldn’t say whether the park would pull through bankruptcy even if it did land a loan from the town.

“I am not speculating,” Shiver said in an interview following the meeting.

Shiver said the park is moving toward opening day. Ghost Town in the Sky held a job fair over the weekend, attracting hundreds looking for seasonal work. Shiver said tickets are selling online and advertising is under way.


Where they stand

Mayor Roger McElroy was the only alderman to say he wholeheartedly supports the loan, pledging he would vote for it.

“There are too many motels and business people that really can’t make it without Ghost Town,” said McElroy. “When Ghost Town was down before we couldn’t buy new sheets or new towels. We had to scrimp by.”

The same goes for other tourism-dependent businesses, McElroy said.

Ghost Town was closed from 2002 through 2006. The park’s original owner — who ran the park for 40 years — shut it down, partly due to old age and partly due to crumbling infrastructure and failing rides that required a major capital investment to restore. The park sat dormant five seasons until the current owners came along and reopened it in 2007.

Meanwhile, Alderman Colin Edwards was the only one to say he was wholeheartedly against the loan.

“I want Ghost Town to succeed, don’t get me wrong. But I don’t want to lose $200,000 of the taxpayers’ money and have to go up on property taxes,” Edwards said in an interview after the meeting. “I want some security they will pay this back and they cannot give us that security.”

The loan is equivalent to 6 cents on the town property tax rate for one year (see info box).

Price, DeMeola and Aldridge were neutral in their comments, postponing judgment until hearing from the public.

If the town did agree to a loan, strings would be attached, they said. Town aldermen want to ensure the money would only be spent on operations, like making payroll for hourly workers, DeMeola said. Shiver countered that some workers are salaried, pointing to his human resources director who happened to be sitting in the audience.


Getting paid back

Ghost Town was forced into Chapter 11 bankruptcy in March after being unable to keep up with payments on its $9.5 million in mortgage on the property. Bankruptcy filings revealed another $2.5 million in unpaid bills to small companies, from souvenir purveyors to contractors to ride engineers.

Town leaders wanted to know how they would be paid back should the park go under.

Shiver said the town would be in line behind a $9.5 million mortgage on the property, but in front of everyone else owed money. Ultimately, however, the bankruptcy judge would decide where Maggie ranks in line. There are a few debts in addition to the mortgage that would most likely rank ahead of Maggie, such as back property and sales taxes and bankruptcy attorney fees. Other lenders being courted to put up money are also being promised they will be first in line behind the $9.5 million mortgage.

“I am out every day trying to get additional financing,” Shiver said.

Shiver said the assets of the land, rides and buildings are worth well over $9.5 million, but if the park was liquidated through the bankruptcy process there’s no guarantee it would fetch enough to pay everyone back. Edwards said all they have is Shiver’s word.

“They ain’t got no payment plan to pay us back. We’ve not seen nothing in writing,” Edwards said.


Want to weigh in?

Maggie Valley leaders will hold a public hearing at 5:30 p.m. on Thursday, May 14, on whether to give Ghost Town in the Sky a loan of $200,000.

Those who want to submit comments but don’t want to speak at the hearing can submit them in written format at any time. Email to This email address is being protected from spambots. You need JavaScript enabled to view it. with “Ghost Town” in the subject line, or mail to Vickie Best, 3987 Soco Road, Maggie Valley, NC 28751.

Ghost Town didn’t withhold sales tax

Among Ghost Town’s debts is $136,000 in back sales taxes owed to the state of North Carolina. It was previously reported that Ghost Town failed to remit sales tax to the state collected as part of ticket sales. Ghost Town nor the N.C. Department of Revenue would elaborate on the source of the back sales tax.

However, it was learned in bankruptcy court last week that the sales tax owed is actually from the purchase of large piece of equipment by Ghost Town. Ghost Town is at odds with the state over whether it actually owes the tax, and thus is why it hasn’t paid up. Ghost Town claims the tax should be paid by the company it bought the equipment from, not by Ghost Town.

Ghost Town appears in bankruptcy court

Ghost Town in the Sky revealed last week that it was driven into bankruptcy by the threat of foreclosure from BB&T, which holds outstanding debt on the property to the tune of $9.5 million.

In a bankruptcy hearing in federal court April 15, CEO Steve Shiver said the theme park has filed for Chapter 11 bankruptcy with the intention of returning to solvency. To do so, however, the Maggie Valley theme park must pull off a summer opening, Shiver said.

If the park is unable to open, more than 200 small businesses and companies would likely be left holding the bag on around $2.5 million in unpaid bills racked up by Ghost Town, including electricians, plumbers, building supply stores, souvenir and soda vendors, newspapers and billboard companies.

“I cannot emphasize enough the need to reopen the park to have the cash flow to pay everybody back,” Shiver told the handful of creditors who showed up for the meeting.

Shiver asserted the park was aiming for a May 22 opening, but offered few specifics on how the cash-strapped theme park would be able to ramp up in time.

If reorganization doesn’t work and BB&T forecloses on the park, it’s doubtful the sale of the Ghost Town would net enough to pay back the long list of businesses owed money, which stand in line behind BB&T’s $9.5 million.

“If BB&T forecloses, nobody gets paid except BB&T,” said David Gray, an Asheville bankruptcy attorney representing Ghost Town.

Shiver said he and the other owners of the park have invested personal money into the park to the tune of $5 million, which they stand to lose as well if Ghost Town doesn’t pull through. The same goes for numerous private investors who have equity shares in the company, Shiver said.

Shiver said financial troubles went back to the large capital investment required after buying the park in late 2006. The park, created in the 1960s, had been sitting dormant for five years. It had to overhaul the dated rides, prop up rundown buildings and bring infrastructure like electrical wiring and water lines up to code.

Beyond these short-term needs, the park needed fresh attractions that would appeal to today’s tourist audience, Shiver said.

To do all this — plus be able to pay its mounting stack of bills — Ghost Town was seeking an $18 million loan last year, Shiver said. When the credit crunch hit last fall, the lender pulled out at the last minute, he said. That left park owners scrambling for another source of money. Shiver said they chased a high-interest loan of last resort known as a “mezzanine loan,” but pulled out when it seemed too risky.

“At the eleventh hour, they wanted an additional payment to be sent overseas with no guarantee and we said ‘No guys, we don’t trust you,’” Shiver said.

When the last-ditch loan fell through, the park was forced to file for reorganization bankruptcy, Shiver said.


Under oath

When creditors had a chance to ask questions of Shiver under oath, Mike Plemmons of Plemmons Plumbing and Heating in Waynesville, questioned a line of credit the park owners set up to funnel up to $500,000 into the operation.

“Will any of that be used to pay the creditors?” asked Plemmons, who is owed nearly $8,000.

Gray explained the line of credit will bypass those owed money and be used to get the park up and running.

“The whole concept is to save the debtor to pay the creditor,” Gray said. “If it operates, it generates money, it pays.”

But an attorney representing the interests of Mountain Energy of Waynesville, which is owed $14,600, questioned whether the park could operate at a profit even if it gets open. When the new owners reopened the park in 2007, it brought in $5.5 million. That year, the park had a positive cash flow, Shiver said. In 2008, however, revenue dropped to $4.4 million, and the park lost money that year, Shiver said.

Mountain Energy’s attorney asked Shiver what the break-even point was. Shiver said that information would be forthcoming when Ghost Town files its reorganization plan, a detailed business plan required by the bankruptcy court mapping out the park’s road to recovery.

“We’ll detail that fully in the plan,” Shiver said.

BB&T holds two notes on the property: a $6.5 million mortgage stemming from the original purchase of the property and a $3 million loan that funded upgrades. The initial mortgage is backed by a USDA Rural Development loan guarantee. If Ghost Town defaults, the guarantee would kick in to cover 70 percent of BB&T’s $6.5 million mortgage, courtesy of federal taxpayers.

Arnold Skelton, president of tourism brochure distributor Mountain Information Center who is owed $2,500, asked Shiver why the loan guarantee didn’t kick in already.

Gray explained that the guarantee would be triggered only as a last resort.

“BB&T has to proceed with legal collection outlets. BB&T has to attempt to collect and come up with a deficiency before the guarantee kicks in,” Gray said.

Shiver thanked the creditors for their cooperation as Ghost Town tries to get back on its feet.

“Thank you all for being there,” Shiver said.

Maggie Valley revs up the action for Thunder in the Smokies

Maggie Valley will roll out the welcome mat next weekend for more than 3,500 motorcycle riders descending on the tiny Smoky Mountain town for the annual Thunder in the Smokies Motorcycle Rally held April 24 through 26.

With hundreds of scenic routes, the Smoky and Blue Ridge Mountains of Western North Carolina are incredibly popular with bikers — and Thunder in the Smokies is one of the premier rendezvous of the season. Now in its seventh year, the rally has gained popularity for its diverse crowd and its family-friendly atmosphere.

“People bring their grandkids, their kids, their teenagers,” says Lori Nix, who owns the Handlebar Corral production company with her husband Chris. The company stages the annual rally.

Thunder in the Smokies takes place at the Maggie Valley Festival Grounds and features many of the components found at a traditional bike rally — beer, bands and a bike show, for instance. This year, hard-rocking bass guitarist and South Dakota native Jasmine Cain takes the stage, along with bands Warhorse and Scotty Box. But the lineup of entertainment is much more diverse than your average bike bash. Rally-goers can partake in motorcycle trivia, bike games, and even a drive-in motorcycle movie showing on Friday night at dusk — with attendees voting on their pick from titles like “Easy Rider”, “Ghost Rider”, “The World’s Fastest Indian” and “Evel Knievel: The Last of the Gladiators”.

There’s even a guided ride Saturday morning up to Waterrock Knob on the Blue Ridge Parkway. A pancake breakfast and Gospel church service wraps up the weekend on Sunday morning.

A weekend pass — a steal at $15 — means rally attendees can come and go as they please and allows ample opportunity to explore the many mountain rides in the area. The Blue Ridge Parkway is the closest option, but two famous excursions — the Cherohala Skyway and the twisting, turning Tail of the Dragon — are just 90 minutes away.

Maggie Valley is a convenient jumping off point to scores of mountain destinations, and is a getaway in its own right. Nix laughs as she recounts the shocked looks of patrons who discover there’s no Taco Bell and no McDonald’s — then end up never wanting to leave the mountain oasis.

“It’s a small little town,” Nix says. “It’s one road, and you can’t get lost. Plus, you have a lot of mom and pop restaurants and hotels, so it’s more personal. It’s always nice to know you’re helping pack someone’s 20-room hotel. The owner is often the one who makes your bed and cleans your room, so the service is great.”

The Nixes help to provide the rally with a personal touch. They’re a constant presence and get to know the riders on a first-name basis.

“A lot of times you go to an event, and you have no idea who puts it on,” said Nix. “Chris is the emcee, and he’s always got the mic in his hand.”

More and more bike enthusiasts flock to Thunder in the Smokies each year, most from places like S.C., Virginia, Tennessee, Georgia, Alabama and Florida. Others come from as far as Pennsylvania, and last year, a father and daughter duo made the trek from Canada. The bikes are diverse, representing every make and model. Their riders are just as varied.

“You’ll have some of the old school bikers that own a bike shop and have built their own bike riding in, then coming in behind them are doctors, lawyers, firemen — you name it,” says Nix. “No matter what you ride or what you do, everyone is welcome.”

The 7th Annual Thunder in the Smokies Motorcycle Rally takes place Friday, April 24, to Sunday, April 26, at the Maggie Valley Festival Grounds, located in the town of Maggie Valley in Western North Carolina. Gates open at 11 a.m. on Friday and 9 a.m. on Saturday and Sunday. For a lineup of events and directions, visit www.thunderinthesmokys.com.

Multi-family unit OK’d by judge, but court rules against proposed expansion

The neighborhood covenants of a Maggie Valley homeowners association were put to the test in court recently.

A developer sued the Sherwood Forest homeowners association after they tried to block his foray into rental condos. David G. Baker, formerly of Charlotte, wanted to develop a six-unit condo and extend town water and sewer to the property. The only problem — the covenants of Sherwood Forest forbade multi-family units. The covenants define Sherwood Forest as a neighborhood of single-family houses.

Baker attests that he wasn’t aware of the covenants when he purchased an existing home in the subdivision in 2006, and that no one, including his Realtor, informed him of their existence.

“He felt the information he received when he purchased it was that he was entitled to (build the condo),” said Baker’s attorney, Bryant D. Webster of Black Mountain.

Apparently, the conflict between Baker and the homeowners association started when residents of the subdivision witnessed construction work on the property and notified the homeowners association that it appeared to be in violation of the neighborhood covenants, according to the lawsuit.

The existing home on the lot already had the makings of a multi-family unit, Baker argued. The three-floor house had a separate kitchen and bath on each floor, as well as a coin laundry in the basement.

But this is where the situation gets murky. Both sides agreed that the property was used to house members of the same extended family up until it was sold in 2003, which would explain the separate kitchens. However, Baker contended that in 2005, the property was entered into a multi-leasing situation, with three separate, unrelated individuals renting out each floor.

The homeowners association didn’t agree. It claimed the leases that Baker presented as evidence were insufficient proof that the unit was ever rented out by floor, according to the lawsuit. And members of the homeowners association filled out sworn affidavits attesting that they only became aware of the multi-family use of the property after Baker bought it in 2006. They said there was nothing in the external appearance of the building to indicate it was used as a multi-family unit, and that there were never more than one or two cars there at any given time.

Baker ended up suing the homeowners association to construct his six-unit condo. His main defense was that the homeowners association failed to complain about the multi-family nature of the structure within the required six-year statute of limitations, which he claims started ticking when the unit was first built.

“We felt it was a very strong argument that ... they had not exercised those rights within the applicable time period,” Webster said.

In a judgment handed down March 23 in Haywood County Superior Court, neither party was a clear winner, or a clear loser. The court found that Baker’s structure had been used for multi-family purposes in the past, and could continue to be used as such. However, the court restricted Baker to the three units — one on each floor — and didn’t grant him permission to build three more like he had planned. It also didn’t grant Baker rights to town water and sewer.

“What the court did was in essence split the baby and found that ... it would not be fair to prevent Baker from using it as a three-family unit, but that it would not be permitted to be anything more than that,” said Homeowners Association Attorney Bill Cannon of Waynesville. “The covenants of the subdivision remain intact.”

Cannon said he believes most of his clients — in total, the owners of 38 separate homes named in the lawsuit — were satisfied with the outcome.

Bryant said he felt “both sides got some of what they wanted.” However, he questioned whether the judge should have allowed the six condos Baker wanted since it was already classified as a multi-family structure.

“Our position is multi-family is multi-family, and once that is permitted, whether (Baker) does six units or three is of no real difference,” Bryant said. “Obviously the court didn’t see it exactly that way and we certainly respect the process and the wisdom of the judge who decided, and sometimes getting some of what you want is the best you’ll do.”

Ghost Town partners establish own credit line

Owners of Ghost Town in the Sky hope to funnel up to $500,000 into the amusement park in order to get it open by summer.

A recently created limited liability corporation called Resurrection Partners has emerged as a vehicle to provide the beleaguered theme park much needed cash. The line of credit would be provided at least in part by Ghost Town partners themselves, according to Ghost Town CEO Steve Shiver. By funneling the cash through a separate entity, the investors have a shot at recouping their money should the park go under.

The park needs “emergency and immediate approval of financing,” without which “the park will not be able to open and operate for the 2009 year,” according to bankruptcy filings. The line of credit would provide money for payroll and “expenses commensurate with the opening preparations.”

Resurrection Partners, LLC, was created in early March. Lynn Sylvester, a Waynesville accountant who serves as Ghost Town’s CPA, is listed as the registered agent for Resurrection. Sylvester is also an equity member in Ghost Town. He is also listed among the creditors in the bankruptcy filing, with a claim of $74,000 for accounting services and fees.

The other players in Resurrection Partners are not known, but Shiver has previously said the owners of the park will be putting up money to get the park reopened.

“You should all be thanking us because we are putting our money where our mouth is to make something work that benefits all of Haywood County,” Shiver said.

However, those putting up money through Resurrection would only do so if they could be granted super-priority status, according to the filings. That means they will be among the first in line to get paid back if the park doesn’t pull through a reorganization and is liquidated.

Resurrection is second in line behind a $6.5 million bond held by BB&T for the property’s purchase. They are ahead of more than 200 other creditors owed money by Ghost Town. They are even in front of a $3 million loan by BB&T for property upgrades.

Ghost Town owners originally asked the court to approve a $100,000 line of credit through Resurrection. After it was approved, they returned to the court and asked for it to be increased to $500,000. They claimed the initial request for $100,000 was an “error in communication,” according to bankruptcy filings, and that they had always intended for it to be $500,000.

But in a phone interview two weeks ago, Ghost Town CEO Steve Shiver said the initial request for $100,000 was a “place holder.” Shiver said they needed the bankruptcy court to approve the concept of a line of credit from Resurrection first, and would then ask for it to be increased.

The larger the line of credit gets, the further back in line the other creditors are pushed.

The bankruptcy court will track how much is actually passed to the park through the line of credit, with the ability to ask for bank statements and cashed checks. This ensures Resurrection only stands to get back the amount it puts in.

The court will also track how it is used. The court will want to see the money used to help the park remain solvent rather than salaries for the park’s owners, for example. The court would not allow Resurrection to be a vehicle for funneling money to the owners while other creditors on the list remain unpaid.

Shiver said Ghost Town plans to fight a liquidation.

“That is not in the best interest of the creditors and the Maggie Valley businesses we owe money to, our bond holder and our investors,” Shiver said.

The park has a trail of unpaid bills with more than 215 companies totaling $2.5 million. That’s on top of a $6.5 million bond to purchase the park and a $3 million loan for upgrades to the property. The park owes another $200,000 in back sales tax and property tax. The bankruptcy filing doesn’t reflect the numerous private investors who put up money over the past two years in exchange for an equity stake in the company but may never see a return.

Comments from Shiver in this article were made a week and a half ago. Shiver would not return phone calls and emails seeking comment this week. Sylvester did not return phone messages seeking comment, nor did Ghost Town’s bankruptcy attorney David Gray.

Park starts lengthy reorganization process

Despite the daunting hurdles faced by Ghost Town in the Sky to get the Maggie Valley amusement park open by summer, it could be only the beginning of a long, uphill slog to pull through bankruptcy reorganization.

Ghost Town managers say they are committed to getting the park back on its feet. If they stick to that plan, they will have to file a reorganization plan with the bankruptcy court in coming months.

Ultimately, the people Ghost Town owes money to will get to vote on the reorganization plan. With the list topping 215 companies, the vote could get interesting. The plan must be approved by the majority of creditors, and by those holding two-thirds of the total debt. The double-litmus test prevents a handful of the largest creditors from tipping the vote, and prevents the more numerous but smaller creditors from upstaging those with a bigger stake.

The bankruptcy judge has veto power over the reorganization plan, but typically defers to the vote of creditors. The judge could tweak elements of the reorganization plan if he spies something that he thinks is unfair or unrealistic. The plan, in general, will describe how the park plans to pay back creditors and over what time period.

Along with the reorganization plan, Ghost Town will submit a disclosure statement that offers an in-depth look at its finances. The disclosure statement will be the first order of business taken up the bankruptcy judge. It will provide crucial information for creditors when weighing whether the reorganization plan is realistic. For example, after making payroll and covering overhead, can Ghost Town bring in enough revenue to not only cover its costs but also slowly replay the debt it has racked up? If so, over what time period?

If Ghost Town doesn’t provide enough information in the disclosure statement for creditors to make an informed decision on the reorganization plan, the bankruptcy judge can make Ghost Town answer additional questions.

Ghost Town could choose at any time to throw in the towel on Chapter 11 and move to a Chapter 7 bankruptcy, which means the park would be sold off to the highest bidder and the money used to pay off as many of the outstanding debts as possible. But Ghost Town partners have said they are committed to turning the park around and remaining solvent.

A bankruptcy judge could analyze the situation and declare it hopeless, forcing the amusement park into Chapter 7 involuntarily, but that is highly uncommon. A bankruptcy judge typically gives a company an opportunity to turn things around.

Creditors will likely give Ghost Town’s owners the benefit of the doubt in reorganization as well. If Ghost Town goes to Chapter 7, the vast number of creditors will likely never get a dime, or at best would get pennies on the dollar of what they are owed. In a sense, the creditors have nothing to lose, so they may as well let Ghost Town owners give reorganization a shot.

“Once they are in reorganization it is really our job to work with them and give them the best opportunity to pull through reorganization,” said Roger Gardner, a ride engineer in Colorado who is owed $52,000.

There is roughly $10 million in debt that stands in line ahead of the myriad small companies owed money (see box on “Who is owed?”).

At the front of the line is about $9.5 million owed to BB&T — of that $6.5 million is for the initial mortgage and $3 million is for improvements to rides and infrastructure. Also at the top of the list is $200,000 in back taxes, and a yet-to-be-determined amount for Resurrection, LLC, a newly created entity loaning Ghost Town money (see sidebar).

If Ghost Town goes to Chapter 7 and is liquidated, it would have to net more than $10 million for any of the small businesses in line behind BB&T to see anything.

“It’s not in anybody’s interest at all. That is the last ditch,” said Gardner.

Ghost Town CEO Steve Shiver has said in the past that Ghost Town was seeking a large loan last fall in order to keep going. The loan would pay off bills, but more importantly complete a major overhaul of the park’s equipment, rides and infrastructure, as well as add new features to make the park more appealing to a 21st century audience.

The credit crunch killed the park’s shot at getting the loans, forcing it into reorganization, Shiver said. Shiver would not comment for this article, citing the sensitive nature of the proceedings.

While the case is small compared to the major Chapter 11 bankruptcies playing out on the national stage, the case is big for Western North Carolina’s bankruptcy division in terms of the 215-plus creditors with a stake in the game.


Who does Ghost Town owe?

The list includes more than 215 companies, many of them local businesses, like plumbers, electricians and contractors who did work on the mountain and several local building supply stores that provided a line of credit for materials. Ghost Town owes vendors that provided food for concession stands, souvenirs for the gift shops and even capguns for the gunfighters. The park also owes big bucks to ride engineers. Another category of debt is for marketing and advertising, including newspapers, TV stations, magazines and billboard companies.

Ghost Town’s struggles challenge community

As Ghost Town continues to struggle, many are finally coming to grips with the reality that the Old West theme park may never be the economic engine it once was.

Ghost Town has had ongoing financial problems since it re-opened two years ago. Its premier rides — the roller coaster and the incline railway that takes visitors to the park — have been idle since the park re-opened. These and other tribulations have compromised the visitor experience, a reality that investors will have to deal with as they try to increase admission numbers this year.

The park recently filed for Chapter 11 bankruptcy, which means it wants to re-organize its debt — $12.5 million, including more than $2.5 million in outstanding bills to everyone from suppliers to ride repair companies. The debtors include many local companies who were excited about Ghost Town’s potential to boost the local economy and who now are left hoping they can get the money owed to them as the company works through bankruptcy proceedings.

Ghost Town investors started the long road to re-opening with widespread support that reached all the way to Washington. Theme park owners secured a government backed low-interest loan with the help of then Congressman Charles Taylor. Economic development and tourism officials all heralded the opening as a shot in the arm for the region. Companies owed money have held past due bills in hopes all would turn around, banking on the long-term benefit of a viable — if dated — theme park.

Now, as the reality of bankruptcy settles in and a May 19 projected opening date looms amid the worst economic crisis since World War II, many are holding their breath. Maggie Valley in particular needs to continue re-positioning itself as a tourist destination separate from Ghost Town. That way its businesses can look toward the future with some optimism, and if Ghost Town does succeed it will be a boost to those businesses but not counted on as the savior.

That really is what it has come to: no one is counting on the park to provide a great boon during this year’s tourist season. Everyone wishes Ghost Town the best, but mounting debts and unfulfilled promises have strained relationships and eroded the all-out community support. Only time will tell what the future holds for this once important component of the region’s tourism industry.

Ghost Town faces huge challenges as it tries to restructure debt, open park

The business partners behind Ghost Town in the Sky are facing significant logistical and financial challenges as they pursue their goal of reopening the Maggie Valley amusement park by summer.

Ghost Town filed for bankruptcy three weeks ago under the auspice of reorganization. Whether the partners can pull that off remains to be seen, however.

“They are trying very hard to reopen but they have a lot of challenges to overcome,” said Mark Clasby, director of the Haywood County Economic Development Commission.

The challenges include $12.5 million in debt, not enough cash to make payroll and burned bridges with suppliers. Meanwhile state inspections of their rides have yet to be scheduled.

“It is my understanding that the situation is dire at best,” said Attorney Gavin Brown, the chairman of the Haywood County Economic Development Commission and the mayor of Waynesville. “They simply do not have the cash funds to operate and there is not an entity I am aware of that will assist them.”

Maggie Valley Mayor Roger McElroy said he doesn’t know what to tell his tourist-dependent town, which historically relied on the amusement park as its cash cow.

“All I can tell them is I don’t know. We just don’t know what is going on,” McElroy said.

Ghost Town’s owners continue to assert that the amusement park will open in mid-May, and that’s all the town has to go on, said Maggie Valley Alderman Mark DeMeola.

“All I can do, like anyone else, is just hope,” DeMeola said. “It is kind of like blind faith right now. We are at the mercy of what they are telling us. But here we are 30 days away and if you look at it on the surface, it does seem like a tall order.”

Burton Edwards, a contractor in Maggie Valley, said he does not think the current owners of Ghost Town have the capital they need to reopen the park.

“My honest opinion is with the current financial status, it is just a matter of time. There is no way they can do it,” Edwards said. “I want Ghost Town to succeed because I want Maggie Valley to succeed. I don’t think these guys now can pull that off. I hope they can.”

Edwards said the current owners had the best intentions when they bought the park two years ago. After being run by the same owner for most of its 40 years, the park had fallen into disrepair and eventually closed down in 2002. It stayed closed for five years, much to the dismay of the Maggie tourism industry.

The current owners admit they didn’t realize how much money it would take to get up and running when they bought it.

“Where we thought you had to paint the wall, it didn’t have a foundation under the wall,” said Steve Shiver, Ghost Town CEO.

Rides had to be completely rebuilt. Nearly every roof in the mock Old West town leaked. The park was on well water that didn’t meet code, requiring the new owners to run city water lines. Water pipes were clamped with muffler clips. The electrical wiring was jerry rigged. It cost millions more than they anticipated, Shiver said.

“I think they accidentally got in over their heads,” Edwards said. “They didn’t do a proper study and know how bad a shape it was in. Number two, the economy hit hard.”

The new owners rushed to get the park open after buying it. Two years later, the amusement park still isn’t running at full tilt, which has led to disappointed visitors, Edwards said.

“It has to be up and fully running to help Maggie Valley. Otherwise I feel like it is doing Maggie Valley more harm than good,” Edwards said. Edwards currently has a lien against Ghost Town over unpaid work, which Ghost Town is disputing on claims the retaining wall he built failed.

One sign of Ghost Town’s financial troubles is its failure to remit sales tax to the N.C. Department of Revenue. According to bankruptcy filings, the park owes $136,000 in back sales tax, penalties and amusement tax, some dating back to fall of 2006.

Ghost Town was collecting sales tax on everything from ticket prices to souvenirs, but for some reason did not remit it to the state.

“If the business owner takes it and uses it for another purpose, that is illegal,” said Kim Brooks, spokesperson with the N.C. Department of Revenue.

Ghost Town has also failed to pay property taxes. It owes $40,000 in property taxes to Haywood County and $30,000 to the town of Maggie Valley.

The health insurance policy for Ghost Town employees was canceled recently after the company didn’t make the payments. The N.C. Department of Insurance is investigating a complaint that coverage was terminated without employees’ knowledge. Shiver said the partners are working to get the health insurance reinstated retroactively so that employees won’t be left holding the bag for medical care incurred during the time they didn’t have insurance.


Lots to do

To pull off an opening for the summer, employees will have to be hired soon to start sprucing up the park, from pulling weeds to setting up rides. Characters in the theme town, such as gun fighters, must get up to speed on their skits, and ride operators will need refreshers before tourists start showing up. There has been no movement to begin hiring, however.

On another front, Ghost Town needs to find suppliers to stock concession and souvenir stands, fill its fuel tanks, and send caps for the gunfighters’ guns. Given the long list of companies owed money by Ghost Town, most will want to be paid up front, but doing so will be difficult due to a lack of cash on hand.

Shiver said there are plenty of vendors ready and willing to do business with Ghost Town, however.

The park also needs annual inspections of all its rides and chairlift before it can open. As of press time Tuesday, Ghost Town had not yet asked the state for a site visit, according to Jonathan Brooks, bureau chief of the amusement ride division of the N.C. Department of Labor.

Inspections would take several days to complete and would have to include an evacuation drill of the chairlift. Brooks said it would be difficult to pull off by mid-May at this point.

The roller coaster still lacks numerous tests and inspections, which could not possibly be completed by mid-May, according to Brooks. The same goes for the incline railway, which is being rebuilt and is still missing integral parts.


Tourist outlook

Shiver says Ghost Town aims to increase visitation from 130,000 last year to 150,000 this year. Unpaid bills with more than a dozen TV stations, newspapers and billboard companies, however, could make it difficult to place advertisements unless Ghost Town can pay up front.

Other challenges to increased visitation include the recession — which could impact travel and spending of tourists — and an increase in ticket prices.

Another challenge is capturing the imagination of today’s kids with Old West gun fights and fair rides, when laser tag and water parks might be more their speed.

“The theme itself may be dated, and therein may lie the problem,” said Gavin Brown, chairman of the Haywood Economic Development Commission.

Despite the challenges, the park has raised ticket prices by $2 this year, to $31.95 for adults and $19.95 for kids. You get $3 off if purchased now online.

Shiver said he believes there will still be plenty of tourism this summer. In fact, Ghost Town is positioned to capture tourists that opt for close to home trips rather than bigger, expensive vacations, he said. He said the park is opting for low cost marketing, citing a mass marketing email sent out last week.

“Tickets are being sold as we speak,” Shiver said of online sales, but wouldn’t say how many.

The bankruptcy filing says that Ghost Town brought in $5.56 million when it reopened in 2007, but only $4.44 million last year. The 20 percent decline in revenue between 2007 and 2008 could have several explanations. Ghost Town got a natural bump in visitation when it opened in 2007 after being closed for five years. But 2008 was plagued by high gas prices and recession.

Ghost Town allowed hotels in Maggie Valley to buy blocks of tickets at a wholesale price and either resell them to tourists for a mark-up or make them part of a package vacation deal through the hotel. Several hotels were unable to divest themselves of all the tickets they had bought last year, however.


How much would it take?

Prior to filing bankruptcy, Ghost Town partners were seeking a loan of $18 million, Shiver said. It would have allowed them to pay off their bills and get the park open. It would also have provided the major cash needed to get all the rides working and allowed Ghost Town to add new components to the park that would make it more appealing to today’s youth.

Shiver even went to lenders of last resort, chasing expensive money at unfavorable terms, but could not secure a loan. When asked whether Ghost Town was the victim of the financial collapse Shiver said,

“There is no question.”

In recent weeks, Shiver has been seeking public assistance. But the town of Maggie Valley, the Haywood County Tourism Development Authority and the Economic Development Commission have all declined.

Shiver said the Ghost Town partners have put significant resources and personal collateral on the line to make the park a go, but would not say how much or the nature of the collateral. They are in the process of injecting more cash into operations, per approval by the bankruptcy court.

“If we didn’t think it would work we would not go out and commit ourselves more. We hope the community supports us in that effort. Everywhere I turn I am getting extreme support,” Shiver said. “It is very damaging to speculate right now.”

Debts mount at theme park

Ghost Town in the Sky amusement park in Maggie Valley has left a wake of unpaid bills with local companies over the past year, putting some small businesses in a bind during already difficult economic times.

Ghost Town owes around $2.5 million to a wide spectrum of companies: electricians, plumbers, contractors, ride engineers, building supply stores, TV stations and newspapers — more than 220 companies in all. The park’s recent Chapter 11 bankruptcy filing has left many business owners worried they will never see their money.

Several local businesses say they are disappointed they’ve been left holding the bag on Ghost Town’s debt with no hope of getting paid back any time soon — or ever if the park can’t pull through reorganization and faces foreclosure.

“This was the last thing we needed right now,” said John Mudge, owner of Apple Creek Electric in Waynesville. Apple Creek did extensive work at Ghost Town, revamping nearly all the dated wiring at the park. The company is still owed $4,800, Mudge said.

“I know it doesn’t sound like a lot, but for a small company in a small town, that money they haven’t paid us has ended up coming out of my own pocket,” Mudge said.

Out of his 30 years in the electrical business, this is the worst time he could have been hit with an unpaid bill of this magnitude. As a small business owner, Mudge only makes a modest salary of between $30,000 and $40,000 a year. When Ghost Town fell short on its payment, he still had to cover the salary of the employee who did the work. That led to cash flow problems of his own. Plus, the time he wasted doing work he wasn’t getting paid for could have been spent drumming up real business.

“Partially due to this, it has cost some of our men their jobs,” Mudge said.

Steve Shiver, the president of Ghost Town, said the company was banking on a loan to help pay off the debts. But the recession and credit crunch has made finding a loan short of impossible. Every loan they sought fell through, finally landing the park in bankruptcy.

“I truly feel sorry for all of those who we owe money to,” said Shiver.

Another small business owner on the line is Jackie Shuler at Balsam Equipment Rental.

“It is just killing me,” said Shuler, who’s owed $6,600. “That is a lot of money for a small business like me.”

Shuler has had a steady stream of equipment on loan to Ghost Town: scissors lifts, floor buffers, a demolition hammer, heated pressure washers. Ghost Town would typically let a bill accumulate, then pay it down just enough to keep renting.

“Then it snowballed,” Shuler said.

Burton Edwards, a Maggie Valley contractor who specializes in rock work, says he is still owed $28,000 on a quarter million dollar job. While Ghost Town paid the lion’s share — just enough to cover salaries for his workers, gas for his machinery and materials — there was nothing left over to pay his own salary with.

“I basically did the job for nothing,” Edwards said. “I have three children and that’s hurt my family.”

Suddenly faced with a cash flow problem of his own, he relied on a line of credit to keep going through the winter.

Edwards actually filed a civil suit against Ghost Town last fall demanding payment. Ghost Town managers are disputing the lien, claiming the rock wall he built failed.


A very long line

The small businesses owed money are at the back of a very long line to be paid. Ghost Town owes more $9.5 million to BB&T, which takes precedence before anyone else. While most of that sum stems from the purchase of the property by new owners two years ago, at least $3 million was racked up repairing equipment, upgrading infrastructure and generally renovating the dated amusement park.

Also at the front of the queue is roughly $208,000 in unpaid state sales tax and local property tax.

If the current owners can’t pull out of Chapter 11, the park will be put up for sale, likely to the highest bidder at an auction. It would have to bring nearly $10 million before the small businesses see any of the money they are owed.

“Most of the people who are owed probably won’t get the money if it goes to the courthouse steps,” Edwards said.

Shiver agrees, and says that’s why the people he owes money to need to be supporting him right now.

“The alternative is to close the doors and sell it on the courthouse steps for pennies on the dollar. If we close, we all, including the creditors, lose,” Shiver said. “There two options — get behind it or close the door.”

If the park is liquidated — whether the owners voluntarily throw in the towel or are forced to by the bankruptcy judge — it’s anyone’s guess how much it might sell for in these times. But most likely it would only be enough to cover the big loans from the financial institutions at the front of the line, whose debts are backed by the collateral of the property.

“The small business owner does get caught in the cross fire. They get the short end of the stick,” said attorney Gavin Brown, chairman of the Haywood County Economic Development Commission and Waynesville’s mayor.


An even longer line

While not listed by name on the bankruptcy filing — but caught in the crossfire nonetheless — are several local sales reps for national suppliers and vendors. Take Dick Cabe, a sales rep for apparel companies that provided Ghost Town with everything from T-shirts to ball caps to resell in its gift shops. Cabe’s salary is 100 percent commission based, leaving him holding a great big bag if Ghost Town doesn’t pay for the merchandise it ordered.

“If they don’t get paid I don’t put food on my table,” Cabe said. “Anytime you lose money in this economy it hurts. You never like to lose money.”

Margie Woodward, a sales rep for souvenirs stiffed out of her commission as well, said she is generally very careful about who she sells to on credit.

“Who is going to expect a company like that to file bankruptcy?” said Woodward, who lives in Jackson County.

After seeing the long list of people owed in the bankruptcy filing, Woodward doesn’t hold out much hope for getting paid.

“I have pretty much written it off,” Woodward said.

Ghost Town has similar debts across the country, from $45,000 to a company that makes cap guns in Tennessee to a company owed more than $300,000 for rebuilding the incline railway.

“It’s affected us drastically, extremely,” said Brannon Deal, the owner of Industrial Service Group of Georgia, the company that has been working on the incline railway. “When somebody hits your business for $300,000 and that’s the total amount of money you do in a year, it hit us hard. It’s got us in a financial bind like you can’t imagine.”

Ghost Town is contesting that payment, too, which is the subject of a civil lien filed last fall.


Good faith

Local businesses say they wanted Ghost Town to succeed. Tourist traffic pulled in by the theme park has historically been an economic driver in Maggie Valley.

“Everybody here in Haywood County wanted it to be a go. It would be a fantastic thing,” said Shuler. “The whole community welcomed them with open arms.”

When Shuler is traveling and people ask where she’s from, they typically haven’t heard of Haywood County. But if she says Maggie Valley, it triggers the line people from here know well: “Oh, yeah, Ghost Town!”

“When I was a kid, we had season passes and would go there two and three times a week,” Shuler said. She remembers her uncle being scared to death riding the incline railway up the mountain, and still has pictures of her with the gunfighters.

Cabe, the sales rep for apparel merchandise, lives in Maggie and knows how much it means to the community.

“More than anything I’d love to see them succeed,” Cabe said.

That feeling led several business owners to give Ghost Town the benefit of the doubt as long as they could.

“We continued to work up there under promise of being paid, just because we were sure those guys would come through,” Mudge said. “After a certain point when money wasn’t forthcoming we just quit going.”

Businesses owed money saw Ghost Town start to fall behind on payments last summer, some as early as June, others not until August. When business owners broached the problem with Ghost Town management, they were all told the same thing.

“We’ve been told for months that they were going to pay our bill in a couple weeks. That’s been the story all along,” Mudge said. “Whoever we talk to up there, we get the same story. The bankruptcy came as a surprise in a way, because they kept assuring that wasn’t going to happen.”

At Balsam Rental Equipment, Shuler had a large lift valued at $100,000 on loan to the park that she wasn’t getting payments for.

“They kept saying ‘Yeah, yeah, yeah, you’ll get it, you’ll get it,’” Shuler said.

But finally, Shuler went up to the park to take back the equipment.

“We had to get the men down off our big lift and tell them ‘Sorry, no pay, no rent,’” Shuler said.

That was in June. Shuler called every two weeks since then. She said she tried to be nice, hoping that would move her bill to the top of the stack. But it seems it didn’t work.

Edwards believes the Ghost Town management had to see the writing on the wall.

“At a certain point they had to know,” Edwards said. “I don’t hire people I can’t pay.”


Julia Merchant contributed to this article.

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