A 2015 failed sale of 1520 KZOY/92.1 K221FO Sioux Falls SD has led to a federal lawsuit over lack of payment from the proceeds of a state lawsuit.

Chuck Brennan’s Badlands Airtime agreed to purchase KZOY/K221FO from John & Heidi Small’s Cup O’ Dirt LLC in March 2015 for $1.5 million. After agreeing to instead acquire then 94.5 KCFS from the University of Sioux Falls for the same amount, he defaulted on his deal to purchase KZOY. In a state lawsuit last year the Small’s were awarded $750,000 in damages from Brennan.

KSFY-TV reports that the Smalls have now sued Brennan in federal court for the $450,000 in attorney fees and expenses Brennan was ordered to pay. The suit also alleges that Brennan asked for accelerated payments from Real Presence Radio to “hinder, delay, impede and impair the ability of Cup O’ Dirt to recover on the money judgement and to vindicate the verdict of the jury.”

Brennan sold 94.5 KBAD to Real Presence Radio for $945,000 in April 2018 after his tourist attraction Badlands Pawn which the station was part of shut down in September 2017. Brennan shut down the operation after the South Dakota Division of Banking revoked all the business licenses of Dollar Loan Center in the state. Brennan, who founded the company and serves as Chief Executive Officer, continues to operate the company with 51 locations in Nevada and Utah.

KZOY and its translator, which has since moved to 93.3 as K227CZ continue to operate as 1980s Hits “Sunny Radio“.