Citing the absense of City Council members John Friend and Missy Mosbey along with the reciept of a packet of information from a Chicago law firm representing Earthcare Energy the decision was made to table the Ordinance to rescind the approval of the $5 Million loan to Earthcare Energy.
The motion to table was made by Councilman Conor O’Daniel and seconded by President Connie Robinson. Councilwoman Stephanie Brinkerhoff-Riley was the lone nay vote for tabling.
Link to March 26 City Council Meeting where the Loan was approved.
you gotta see what earthcare said about SBR and Whineke in the C&P. Looks like the battle lines are being drawn. The CCO did get referred to as a “blog”. 🙂
Looks like them Chicago lawyers are getting ready to take Mayor Fluffy to the woodshed. Sloppy contract + sloppy vetting may just equal a payday for Earthcare and its lawyers.
From the CP.
“Earthcare Attorney Scott Schutte provided the Courier & Press with a letter blasting Winnecke for an opinion piece he wrote that was published in Monday’s newspaper. Schutte wrote Earthcare met the conditions the city made in a contract signed on Feb. 28 and that Winnecke’s reasons behind halting the loan were false.”
Obviously Earthcare is setting Evansville up to erase the $184,000 debt as settlement of this threatened law suit.
Do you really think that is all they are after? I bet they sue for over $10 Million for lost opportunity to be the next Google. The Evansville experience did after all damage their company reputation.
I agree, the reasons that were cited for killing the deal were false. The contract doesn’t require a DOD contract only that they make attempts to get one. Trying and failing satisfies that point. The contract also doesn’t say that the contract between Earthcare and Langston has to be exclusive, it only says they have to provide a letter from Langston explaining Earthcare’s relationship and rights to intellectual property.
I don’t know why they didn’t claim it was for material misrepresentation. Several of Haney’s claims made to GAGE and the City Council were false. It sure seems like material misrepresentation is their easiest out. Also, I don’t understand why the city hasn’t notified Earthcare in writing? The contract clearly states that they have to be notified in writing and they have 30 days to reconcile the issues.
Dear Mayor Winnecke,
As per your contract with Earthcare this letter is for the purpose of advising you that we have no intellectual property. Furthermore, I assure you that Earthcare Energy has the full use of all of the intellectual property that we do not have. I trust that this letter will satisfy your contractual requirements to fund the $5 Million loan to Mr. Haney and his team.
Yours Truly,
Big Man Langson
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