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Earthcare Disputes Evansville’s Default Claims, Puts City on Notice for Potential Litigation

Ted Ziemer, City of Evansville Attorney


In a letter from the Chicago law firm of Morgan Lewis and addressed to Ted Ziemer Jr. Attorney for the City of Evansville, Earthcare Energy claims that the City of Evansville not only failed to provide written notice of the reasons for placing them in default with respect to the contract signed by the two parties on March 1, 2012 but that the reasons stated by Mayor Winnecke and Mr. Ziemer to local media outlets are not consistent with the “closing conditions” as written into the contract.

The letter was distributed by request to the entire Evansville City Council and it’s attorney John Hamilton on Friday. Earthcare’s attorney addresses both the DOE loan guarantee and the issue regarding the license with Langson Energy it the letter.

The closing paragraph explicitly states that Earthcare is willing to pursue litigation but remains interested in having a dialog with the City of Evansville to explore resolving differences to reach a mutually beneficial solution.

Link to Letter from Earthcare Attorney:

Earthcare lawyer letter to Evansville

Link to Earlier Related Article:

http://city-countyobserver.com/2012/05/10/dissecting-the-contract-between-the-city-of-evansville-and-earthcare-energy/

47 Responses to Earthcare Disputes Evansville’s Default Claims, Puts City on Notice for Potential Litigation

  1. jbird Reply

    May 12, 2012 at 12:05 pm

    watch them have just enough credibility and persistence that good ol E’ville ends up paying them off to go away

  2. CityWorker#5 Reply

    May 12, 2012 at 12:14 pm

    The fools have already made a $200,000 down payment on a settlement with that sneaky loan deal they did before the council even voted.

    • beerguy Reply

      May 12, 2012 at 2:26 pm

      City Worker, no, no that $ 200,000 wasn’t the down payment on a settlement, that pays their legal fees, so now we’ve GIVEN them ‘staying power’. Nice.

      • RevJeremiahWright Reply

        May 12, 2012 at 2:30 pm

        These dudes really think they are the next Google. The will sue for Google size bucks. That means billions. Their lawyers will take this on commission. The fools from Evansville that drank the Kool-Aid and signed this POS contract along with the five idiots on council validated their Googleness as far as they are concerned. This ain’t gonna be cheap and it ain’t gonna be fun.

        • TheArchitect Reply

          May 12, 2012 at 2:32 pm

          Can’t the city pass the buck and lay the blame on their attorney for malpractice? Bad advice + stupid contract may just equal malpractice.

  3. PurduePete Reply

    May 12, 2012 at 12:19 pm

    This doesn’t look good for the “home” team. Rookie mistakes by the new administration.

    • CityWorker#5 Reply

      May 12, 2012 at 12:23 pm

      Makings of a novel here. “The Old Man and the Scheme” rings a bell.

  4. Doubting Debbie Reply

    May 12, 2012 at 12:34 pm

    Funny, this is what happens when you get involved with shady people. I just told my daughter the same thing just a month ago. “This is what happens when you get involved with shady people.” People with a track record like Ken Haney, should never be trusted to do the right thing.

    In my opinion, Connie Robinson has been the culprit behind this catrosphe. Please do not forget that Connie comes from a similar background. During her first election for City Council, some of her workers were found guilty of voter fraud. Check it here: http://local.evpl.org/views/viewimage.asp?ID=718004 and here: http://local.evpl.org/views/viewimage.asp?ID=794686 and here: http://local.evpl.org/views/viewimage.asp?ID=794697 and here: http://local.evpl.org/views/viewimage.asp?ID=794683

    As a matter of fact, if Earthcare were a bunch of White men, do you think that Connie Robinson would have been for it? Check out her comments in this article about White Business men here: http://local.evpl.org/views/viewimage.asp?ID=750603

    She is a Black Racists. She does not represent the white people of the 4th ward and her entire political career has been about getting minority startup businesses going. She does not care what the consequences are as seen in her latest Earthcare support.

    DD

    • HowAboutThat Reply

      May 12, 2012 at 9:37 pm

      Wow. Sounds like she is nearly as racist as you are.

  5. RevJeremiahWright Reply

    May 12, 2012 at 1:32 pm

    And the cost for Act One in Evansville’s Amateur Theater will be??????

  6. Bennihauna Reply

    May 12, 2012 at 1:35 pm

    It is interesting to me that there was a rush to do this deal. I know for a fact there were legitimate concerns raised by the city-couty observer and certain council members. The question is Why? What was the hurry? Who wanted this done so badly that we couldn’t wait to make sure before signing a contract?

  7. zenarcher5 Reply

    May 12, 2012 at 3:11 pm

    This entire fiasco is so blatantly wrong. How and why are the Prosecutor, Attorney General, State Police, State Board of Accounts, FBI not involved? What does it take to get an agency involved? Why isn’t Riley and McGinn screaming bloody murder to one of the above. Mr John Doe, off the steeets of Evansville has little chance of bringing this matter to the attention of the aforementioned agencies, but a councilperson, or attorney would at least piqued an interest

  8. Pressanykey Reply

    May 12, 2012 at 3:35 pm

    How about material misrepresentation to GAGE, The Mayor’s Office, and the City Council about the status of their company, their officers former business histories, and whether they hold any exclusive rights to the patent for the device they were seeking to manufacture.

    You think any of that might have been enough to show them the door?

    __

    • JoeBiden Reply

      May 12, 2012 at 5:38 pm

      Press, a threatening letter from a Chicago lawyer is simply that. Mr. Ziemer is a highly regarded lawyer in an outstanding law firm. The $4.8 million loan issue should be final Monday when Ms. Brinkerhoff-Riley’s Resolution to Rescind is voted on by City Council. If either Mr. O’Daniel or Dr. Adams vote yes to rescind based on the information that was discovered after the last vote, it’s over. Mr. Weaver may even figure this out given all the additional time. Bet a frosty West Franklin Street fishbowl the only votes not to rescind will be from Ms. Robinson and Ms. Mosby.

      • trainwreck Reply

        May 12, 2012 at 5:45 pm

        In the case of Robinson let the impeachment proceedings begin. As for Mosby, we can be shed of her if we require council members to pass the 8th grade ISTEP.

      • beerguy Reply

        May 13, 2012 at 10:41 am

        Biden,

        I will cover the bet. It will be 6-3 to rescind, “some people” just can’t accept being proven wrong. It could also be 5-3, with one person abstaining due to conflict of interest. OH, SUCH DRAMA !

        • JoeBiden Reply

          May 13, 2012 at 11:46 am

          beerguy, you may well be right that Mr. Weaver could never figure this out no matter how much time or information was available. But, I’m still sticking with only Robinson and Mosby voting against rescinding.

    • trainwreck Reply

      May 12, 2012 at 5:42 pm

      The material misrepresentation angle is probably the best approach for the City to take to get these settlement seeking mercenaries to get the hell out of here.

      Is lying to the City Council to get loan approval the same as loan fraud if it were a bank? If so, then Ziemer needs to sit these blokes down and explain to them that criminal charges await them.

      We can probably kiss the $184,000 good-bye no matter what Connie Robinson says so offer loan forgiveness and send Earthcare packing. Find some combination of GAGE, the five foolish council members, etc. to cut $184,000 from the budgets of and move on.

      NEVER EVER AGAIN SHOULD SOMETHING LIKE THIS BE POSSIBLE.

      • RevJeremiahWright Reply

        May 12, 2012 at 6:49 pm

        What you talkin bout wreck? Don’t give then sumbeeches a dime. Look em straight in the eye and ask em if they “Wanna Go to Jail”? Loan fraud means jail and they lied through their teeth to the council to get that 5th vote. Call O’Daniel to the witness stand and find out what kind of bullcrap they told him to get that 5th vote.

        • RevJeremiahWright Reply

          May 12, 2012 at 6:50 pm

          One more thing, if Coner O’Daniel had a spine we would not be in this position. What a chickenschitt.

        • RevJeremiahWright Reply

          May 13, 2012 at 9:46 am

          Could Dewey and Robinson be criminally charged with aiding and abetting loan fraud? They lied to the council so Earthcare could get that 5th vote too. They lied in private about the details too. They had to be lying because no one is stupid enough to believe that bullcrap.

  9. old jack Reply

    May 12, 2012 at 7:09 pm

    top 5 things overheard around town lately: #5..vehtwen, i tooda thwore dey thaid we whuh buywing vehtwen. #4.heh heh heh, a couple a pops on the company dime does’nt sound so bad now, does it, miss smarty pants? #3. i’ll get you fireman, if it’s the last thing i do… #2. that’s NOT my signature. and #1, drumroll, please, these charges are punishable by WHAAAT!!!!

  10. the blogger Reply

    May 12, 2012 at 8:44 pm

    What attorney was at the meeting that approved the $200,000 loan to Earthcare? What member of the Mayors staff was in attendence at this meeting?

    Why didn’t Debbie Dewey and/or City Council Woman Connie Robinson publically inform members of City Council before the loan vote that they attended a meeting about two months earlier and decided to give Earthcare a $200,000 loan?

    • TheArchitect Reply

      May 13, 2012 at 9:48 am

      Because truth would not have served their purpose. If everyone told the truth there would have never been a contract.

  11. Tea Anyone Reply

    May 12, 2012 at 8:53 pm

    It’s obvious that Ted Ziemer needs to retire so he can spend more time with his political buddy, Richard Lugar.

    • MainStreetDemo Reply

      May 13, 2012 at 6:30 pm

      Saw what you want, but that is a darn fine photograph of Ted.

  12. IndianaEnoch Reply

    May 13, 2012 at 7:07 am

    I would like to take this opportunity to congratulate GAGE, the five CC members who voted for the Earthcare deal, and the Knights Templer of the loan committee who approved the $200,000 advance on a job well done.

    At first I thought you were backing a loser with Earthcare, but it looks like you may have created a winner after all. Your attention to detail and obstinance towards those who expressed concerns has served you well.

  13. John Doe Reply

    May 13, 2012 at 8:34 am

    Can we tar and feather Winnecke and the city council members that voted for this?

    • IndianaEnoch Reply

      May 13, 2012 at 6:18 pm

      Can’t afford the bulk charge the tar and feathers we would need, so we might have to settle for used motor oil and saw dust.

  14. enough is enough Reply

    May 13, 2012 at 9:45 am

    Guess what the Evansville Courier and Press statement is printed on their Editorial paper next to there Lighthouse Beacon logo?

    The answer is–”GIVE LIGHT AND THE PEOPLE WILL FIND THEIR OWN WAY”
    If their statement is true why hasn’t the Courier and Press posted the legal situation the City is now faced with!

    • TheArchitect Reply

      May 13, 2012 at 9:52 am

      Courier is like the USSR and a mushroom farm. Keep em in the dark, feed em lots of schitt, and cut their head off if it pops up.

  15. CIY COUNCIL MOLE Reply

    May 13, 2012 at 12:33 pm

    I HEAR THAT THE EVANSVILLE CITY ATTORNEY WILL BE MEETING WITH THE EARTHCARE ATTORNEY THIS COMING WED.

    I ALSO HEAR THAT THE EARTCARE RESOLUTION ASKING COUNCIL TO VOID THE CONTRACT WITH EARTHCARE SHALL BE SUBMITTED ON 1ST READING ONLY. IN FACT, WE HEAR THAT THE POLITICALLY ENBATTLED PRESIDENT OF CITY COUNCIL WILL NOT ALLOW ANY PUBLIC DISCUSSION ON THE EARTHCARE RESOLUTION .

    MANY PEOPLE WATCHING THE EARTHCARE ISSUE ARE WONDERING WHY EVANSVILLE CITY COUNCIL BUDGET CHAIRMAN, JOHN FRIEND HAS TOTALLY BACK AWY FROM THIS ISSUE? IT’S COMMOM KNOWLEDGE AMONG POLITICAL WATCHERS THAT FRIEND, MCGINN AND RILEY WERE JOINTLY INVOLVED IN CHECKING THE BACKGROUND EARTHCARE AND IT;S OWNERS.

    FINALLY, I HEAR THAT SOME CITY COUNCIL MEMBERS ARE QUITELY RESERCHING A WAY TO LEGALLY DEMAND THAT CITY PRESIDENT, CONNIE ROBINSON STEP ASIDE BECAUSE OF HER INVOLEMENT IN THE $200,000 LOAN ADVANCEMENT TO EARTHCARE.WITHOUT CITY COUNCIL KNOWLEDGE..

    • LysergicAcid Reply

      May 13, 2012 at 3:04 pm

      Who cares if Connie Robinson steps down?

      Brooks will just find another stooge to appoint in her place.

      “The spice must flow!”

  16. CIY COUNCIL MOLE Reply

    May 13, 2012 at 12:51 pm

    Some members of Evansville City Council are disappointed in City Attorney, John Hamilton for not giving them legal advice about the Earthcare issue. He must be hiding from this issue along with John Friend! It’s common knowledge that Hamilton won’t make a move unless the politically embattled President of City Council tells him so! In fact some members of city council would like to see a change concerning the city attorney position next year.

    • beerguy Reply

      May 13, 2012 at 1:59 pm

      Mole, mole, mole:

      Is John Hamilton the City Council’s attorney; and Ted Ziemer is the City of Evansville’s attorney ?

  17. beacon of hope Reply

    May 13, 2012 at 1:00 pm

    city council mole

    excellent back room insight concerning we can the upcoming actions of city council.

    Love the new title of Connie Robinson you dreamed up. The embattled “politically President of Evansville City Council, Connie Robinson. Oh, wasn’t Robinson forced to resign from the Democratic Central Committee recently? Looks like her back room political wheeling and dealing has finally caught up with her!

    • RevJeremiahWright Reply

      May 13, 2012 at 8:25 pm

      Best title is “MOMMA DOC” Duvalier. If the shoe fits…and it fits perfectly.

  18. city council mole Reply

    May 13, 2012 at 1:25 pm

    Oh, i also hearing that City Attorney, Ziemer may be “spinning” the thought to select media that the upcoming meeting with Earthcare attorney shall be be resolved and would truned into a lawsuit between both parties.

  19. enough is enough Reply

    May 13, 2012 at 5:31 pm

    When Connie Robinson was extremely sick we had many people in our church pray for her quick recovery. The good lord listen to us and restored her health.

    Today some of the same people starting to pray for Connie again. This time the prayer is different. We are now praying for her soul! She is doing things in the political that we find morally wrong.

    She needs to serve her lord and the people would elected her to City Council! We consider to be a lost sheep and a bad stewart of public policy!

    • Brad Cissna Reply

      May 13, 2012 at 8:05 pm

      Actually, when I read your first paragraph, I was worried you were going to say evil stuff. But I read on, and you and your congregation are doing what our Lord and Savior Jesus would do.

      Please pray for Connie and hope that she can do the right thing.

      • RevJeremiahWright Reply

        May 13, 2012 at 8:24 pm

        You don’t know Connie Padre. Connie will do the Lord’s will only when it happens to be what serves her personal agenda.

  20. enough is enough Reply

    May 13, 2012 at 7:57 pm

    Correction—i should stewart like this—steward.

  21. enough is enough Reply

    May 13, 2012 at 8:05 pm

    another correction or two–she is doing things in the political arena–etc.

    Today some of the same people are starting–etc.

    We consider her to be—etc.

  22. 292 Reply

    May 13, 2012 at 8:13 pm

    One has to think that Earthcare celebrated for two days when receiving the $200,000. It is their little insurance policy. If they cause enough stink by bringing in the Chicago attorney, then poor old Evansville will collapse and say forget about repaying that $184,000. I didn’t realize that we had so many contortionists in town that could put their heads up their butts all at once.

  23. cdad Reply

    May 14, 2012 at 1:30 pm

    Inducing a loan commitment, by stating you will get a DOE loan guarantee, and leading the Council that this was feasible when the program was no longer funding guarantees, is Ziemer’s out because those offering that condition knew or should have known the guarantee was no longer available. Let them keep the 184M and consider it a lesson learned and stop it from happening in the future…between this and the ERD McCurdy deal, the powers that be need to vet membership on committees that can make loans to more than just what title they may hold..sometimes positional authority to does always equate with compentency.

    • cdad Reply

      May 14, 2012 at 1:32 pm

      Does not always indicate compentency I was trying to say.

    • Dewey'sWaterloo Reply

      May 14, 2012 at 1:56 pm

      The ERC, the City Council, GAGE, and now this loan committee are reminding me of the boat trip in “One Flew Over the Cuckoo’s nest”.

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