Businessman sues for commission from Boyd Gaming

A businessman claims in a new lawsuit that Boyd Gaming Corp. of Las Vegas owes him commission for his role in marketing a gaming property for sale.

Joseph Battig, who lives in the Las Vegas area, filed suit this week in Clark County District Court saying that in 2010 he learned a company was interested in buying Boyd’s Dania Jai-Alai business in Florida.

That business includes pari-mutuel wagering, live jai-alai, a poker room and simulcast wagering on jai-alai, thoroughbred, harness and dog racing.

Battig learned the business was for sale through his role as a "well respected business consultant who is hired by high-end businesses who wish to engage in transactions with local Las Vegas companies," he said in the suit. After learning a party was interested in buying the business, he claimed, he contacted Boyd to see if the company would consider selling Dania.

"(Executive) Bill Boyd brought the proposed sale before the board of Boyd Gaming and it was voted and agreed that the Dania property could be sold for the right price," the suit said. "This constituted acceptance of Battig’s offer to facilitate the sale of the Dania property."

Battig said he then entered into an agreement with Boyd Gaming allowing him to disclose confidential information to potential buyers and that Boyd Gaming verbally agreed to pay him a commission of 1 percent of the sales price and 10 percent of any non-refundable deposit received.

Battig also claims to have entered into a $400,000 consulting agreement with a potential purchaser, Dania Entertainment Center LLC.

He says in his suit that even after Dania Entertainment provided a $7 million nonrefundable security deposit to Boyd, Boyd has refused to pay him his alleged 10 percent cut.

The suit alleges breach of contract, with Battig claiming to have "suffered a loss of earnings and incurred unnecessary costs."

A Boyd spokesman on Tuesday said it was the company’s policy to not comment on pending litigation.

Boyd in November said the $80 million agreement to sell Dania Jai-Alai had been called off when Dania Entertainment LLC was unable to close the sale within the deadline specified in the sales contract.