PORTSMOUTH, Va. (WAVY) — The owner of the Elizabeth Manor Golf and Country Club in Portsmouth has filed a $5.35 million defamation lawsuit against Vice Mayor Lisa Lucas-Burke over a contentious ad she ran during her recent mayoral campaign. Portsmouth golf club owner files defamation suit against Lisa Lucas-Burke Businessman Dwight Schaubach filed the lawsuit against Lucas-Burke Nov. 25 in Portsmouth Circuit Court, according to online court records. Lucas-Burke ran for mayor against incumbent Shannon Glover, who was reelected (See a copy of the lawsuit below). Service-Copy-of-Complaint-and-Discovery-Lucas-Burke-Dec-2024Download The lawsuit alleges defamation of character, that Lucas-Burke knew what she had in a campaign ad was wrong, and yet she kept running the ad.  “The statements by the Defendant (Lucas-Burke) were made with knowledge of falsity and/or with reckless disregard as to whether the statements were true or false,“ according to the lawsuit.   The ad began this way: “Corruption. Pay to play. A lawsuit against Mayor Shannon Glover.”  At the center of the lawsuit is the Lisa Lucas-Burke political ad investigated in our Oct. 28 Truth Tracker report. Truth Tracker has become a staple of 10 On Your Side’s election coverage, and the reports are produced to determine whether statements made in political ads are true or false.   Truth Tracker: Lisa Lucas-Burke vs. Shannon Glover for Portsmouth mayor The Lucas-Burke commercial stated that "the city had not collected real estate taxes from the golf course since 2003."  Truth Tracker found that statement false.   The ad failed to distinguish between the former owner and the current owner of the Elizabeth Manor Golf and Country Club.   Schaubach who bought the club in 2020, said he paid his taxes, and sent an email to City Council in August telling them so as word started to spread that taxes were not being collected at the club.  “We have paid over $200,000 in taxes," Schaubach said in the 10 On Your Side Truth Tracker report. 10 On Your Side investigated Schaubach’s tax records, which showed he paid more than $225,361 in taxes since 2020. He even got a tax refund for paying too much.  The person who wasn’t paying taxes was the previous owner.  The lawsuit mentions this exchange 10 On Your Side showed on the Truth Tracker report,   “They are slandering me," Schaubach said. "I mean, that’s wrong telling the people in this community that I'm not living up to my obligation and not paying my taxes, and that is not correct. We have paid all of our taxes.”  10 On Your Side went to Lucas Burke with what Schaubach said, that he had been paying his taxes along the way.  “And I’m not disputing that," Lucas-Burke said. 10 On Your Side noted that her ad did dispute that. “The ad states that taxes had not been paid since 2003,” the ad stated. She told us that, but we pointed out to her that her ad does not differentiate between the previous owner from 2003-2019 and Schaubach, who took over in January 2020.  The lawsuit claims Lucas-Burke ran the ad knowing Schaubach had paid his taxes.  10 On Your Side reported that in August, Schaubach sent this email reminding City Council members that he had paid all his taxes, and it’s true Lucas-Burke knew that.  10 On Your Side showed her the email all city council received.   “We did know that," she said. 10 on Your Side followed up.  “And you knew that before you put the ad on air," 10 On Your Side asked.   “Absolutely did [know that the email came before the ad],” she said.   "That he paid his taxes?" "I'm not disputing that," Lucas-Burke said. Said Schaubach: “The Vice-Mayor knows that because she got an email stating that and still comes out with her ad saying I paid no taxes.”   She said that "I knew he paid the taxes on the bill.”  Asked if she regretted putting that line in her ad, Lucas-Burke replied that "no, I don’t regret the ad at all.”  The lawsuit alleges Lucas-Burke made these statements knowing they were false and refused to correct it or pull the ad." Schaubach told 10 On Your Side in October that "she should remove that ad instantly and wait to see what we are going to do."  Said Lucas-Burke: "It could have been reworded differently, but it’s out there now and I’m not going to take that down.”  Schaubach stated that he has been injured by this, that it has "caused injury to reputation, good name, embarrassment, humiliation and mental suffering.”  Lucas-Burke did not pull the ad, and now she sees what Schaubach is doing, taking her to court.   The vice mayor declined comment, but said she is meeting with her attorneys.