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Franklin County Ohio Clerk of Courts of the Common Pleas- 2018 Jul 09 8:04 AM-18CV005717

COUNT FIVE: COMMON LAW FRAUD 121.

Plaintiff Attorney General incorporates the preceding paragraphs of this

Complaint as if fully rewritten herein. 122.

Both individually and through Summer Rays and RRC, Chuck Kirk made false

and misleading statements and representations to the public with regard to the charitable programming and activities of Summer Rays and RRC. 123.

These representations were purposeful, willful, wanton, and/or reckless and

intended to mislead the prospective and current residents of Summer Rays and/or the prospective and current clients of Summer Rays and RRC’s various side businesses and dba’s. 124.

Upon

information

and

belief,

individuals

relied

on

the

fraudulent

misrepresentations of Chuck Kirk when deciding whether to enter into various transactions with Chuck Kirk, Summer Rays, or RRC. 125.

Both the individuals deceived and the intended beneficiaries of Summer Rays and

RRC have been damaged by these fraudulent misrepresentations. COUNT SIX: REFORMATION OF CHARITABLE TRUST 126.

Plaintiff Attorney General incorporates the preceding paragraphs of this

Complaint as if fully rewritten herein. 127.

Ohio courts recognize the equitable doctrine of cy pres, and courts will apply the

doctrine when: (A) there is a viable charitable trust; (B) the donor evidenced a general charitable intent on promoting the trust; and (C) it has become impossible or impractical to carry out the specific purposes or terms of the trust. 128.

Ohio case law recognizes the equitable doctrine of deviation. Courts may apply

the doctrine when it deems necessary or highly desirable in order to enable the trustee to perform 20

Complaint- Summer Rays  
Complaint- Summer Rays  
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