This case involves a property dispute in Upson County between the local post of the Veterans of Foreign Wars “VFW” and the post’s former leaders. In 2001, two of the post’s officers and trustees, Don Ziegler and Wayne Brasiel, purchased the post’s land and clubhouse for far below market value through a company they formed specifically to purchase the property. When the State Office of the VFW learned of the sale, it put the local chapter in trusteeship, seized its books, and removed the leaders involved. The local post then sued the former leaders and their company to cancel the 2001 deed and quiet title to the property in the post. A jury found in the post’s favor, and judgment was entered on the jury’s verdict. The former leaders and their company appeal. For the reasons that follow, we affirm. 1. In 1948, the local posts of the VFW and the American Legion joined forces to build a clubhouse on 7.62 acres of land they jointly acquired in Upson County, Georgia. In the early 1990′s, the American Legion post conveyed its interest to the VFW post, making the VFW’s Stanford Ellington Post 6647 “Post 6647″ the sole owner of the clubhouse and surrounding acreage. On September 30, 2000, a report issued by Post 6647 estimated the value of the land and clubhouse to be $250,000 and the value of the post’s associated personal property to be $100,000 the “Property”. Thus, according to Post 6647′s own accounting, the Property was worth $350,000 in September 2000.
In late 2001, two of Post 6647′s officers, Assistant Quartermaster/Secretary Wayne Brasiel and Quartermaster Don Ziegler, now deceased, purchased the Property for just $70,000 through a corporation they formed specifically for that purpose, DOWA Enterprises, Inc. “DOWA”. Post Commander William G. Howell approved the sale, as did whatever members were present at the regular November 2001 meeting. The Property had never been advertised for sale, no “For Sale” sign had been erected, a realtor was never hired, and no target price for the sale was ever set. Brasiel signed a closing document falsely stating that the sale complied with all requirements of the VFW’s 2001 Congressional Charter and By-Laws and Manual of Procedure and Ritual “VFW Manual” to transfer the Property.
