Smith Lake Resort developer responds to allegations with defamation claim

Published 11:09 pm Sunday, January 19, 2025

Cullman County Tourism Bureau chairman Jeff Tolbert has responded to allegations made against him in a lawsuit filed by local realtor Melissa Curtis with a counterclaim of defamation filed on Monday, Jan. 14.
Curtis accused Tolbert of terminating a partnership agreement for the future development of a high-end resort on Smith Lake after she, according to the lawsuit, rejected his romantic advances.
Tolbert faces multiple allegations in both his personal and professional capacity which include fraud, breach of a partnership agreement, infliction of emotional distress and assault.
Tolbert previously hinted at his intentions to submit a counterclaim when speaking to The Times earlier this month, shortly after Curtis’ claim was filed.
According to Curtis, Tolbert promised more than $10 million in commissions and returns to handle real estate negotiations for the resort. Tolbert’s response affirms a conversation between the two parties took place in September 2023 but said any potential commission amounts were theoretical.
Attached to Tolbert’s filing were copies of checks paid to Curtis for “independent consulting” services she performed for Smith Lake Resort, LLC — which is owned by Tolbert. When combined with a real estate commission for one of the properties associated with the resort, Curtis was compensated about $229,000 before her services were terminated by Tolbert in an email sent in October 2024.
That email also mentioned Tolbert’s commitment to pay Curtis a 2.5% buyer’s commission on six additional properties if and when the properties are funded and closed.
Tolbert did not dispute he only reserved a single room for him and Curtis to share when they traveled to Big Cedar Lodge, located in Ridgedale, Missouri, in October 2023. However, he refuted Curtis’ allegations of sexual misconduct during the trip.
While Curtis’ complaint claims she “demanded” to return to Alabama after rejecting a sexual advance from Tolbert on the first night of their trip, airline accommodations provided by Tolbert showed the trip had continued as planned.
Tolbert also included receipts for dinners, a spa treatment Curtis received at the hotel and a bathing suit purchase to dispute Curtis’ claims of discomfort during the trip.
The Times has attempted to verify the alleged details of the accommodations in an email sent to Big Cedar Lodge management on Jan. 8, but has not received a response.
Tolbert’s attorneys have agreed to Curtis’ request to have the matter settled by a jury, but have requested they also consider the counterclaims of defamation and intentional interference with Tolbert’s business and contractual relationships.
Curtis told The Times she had been advised to decline any requests to comment on the matter and messages left with her attorneys on Wednesday, Jan. 15, were not responded to.

Patrick Camp may be reached by email at patrick.camp@cullmantimes.com or by phone at 256-734-2131 ext. 238.

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