Earthcare’s Chicago Attorney Responds to Mayor Winnecke’s Op-Ed Column

Ted Ziemer, City of Evansville Attorney

In a letter addressed to the attorney for the Office of the Mayor of Evansville and distributed to the entire Evansville City Council, Scott Schutte of the Chicago law firm of Morgan Lewis, opines that the City of Evansville has still not provided written notice of default to Earthcare Energy. He furthermore asserts that the contract between the City of Evansville and Earthcare provides Earthcare with a 30 day period to cure any deficiencies that are stated by the City in writing.

Schutte goes on to scold Mr. Ziemer for allowing Mayor Winnecke to publish the op-ed letter that was published in the Community Comment section of the Courier Press on Sunday May 20, 2012 and states that the Mayor’s letter makes “legal and factual misstatements”. Schutte continues that the Mayor’s column was “legally baseless, shockingly cynical”, and that the Mayor’s assertion that an exclusive license was required per the contract is “inexplicable”.

The City County Observer makes the letter available to our readers on the following link without bias, edit, or opinion.

Link to Letter from Earthcare Attorney to Ted Ziemer

Letter from Earthcare Lawyer to Ziemer 05212012


  1. It gets more embarrassing to live in Evansville every day. Are we really governed by people this stupid?

  2. Team Winnecke has done some stupid things with this Earthcare deal but I am offended at the way that damn Chicago lawyer talked to our Mayor like he was a 5th grader. How about we lock those lying bast@Rds up for loan fraud the next time they show their face.

    • I am not sure the PR man is smarter than a 5th grader. This is not going away cheap. Anyone know if Teddy bills the city by the hour to fix his flubs? Why no exit option? Most of the blame still goes to the children looking to get their hands into the cookie jar…
      My guess is this won’t be in their re-election campaign videos.

      • How about we pit Winnecke against Haney in a 5th grade ISTEP test. Have it at the Coliseum as a warm up for wrestling.


  4. Recall election anyone?
    For the mayor and the 5 dolts who voted for this thing.They should all be shamed of themselves.

  5. I didn’t vote for the current mayor! But now I have to live with it! And that really sucks!

  6. geez, this is pretty fundamental stuff the Chicago guy is bringing up. Yes, written notice of default. Yes, 30 days to cure. 1st day of law school stuff. I think the points total right now is Chicago 12 Evansville 0.

  7. Misrepresentation Law and Legal Definition

    Misrepresentation refers to a statement made by a party to a contract that induces another to enter into a contract, which can be interpreted, as false or untrue. The misrepresentation must be both false and fraudulent, in order to make the party making it liable for damages.

    Restatement (Second) of Torts § 552 defines a negligent misrepresentation as:

    “One who, in the course of his business, profession or employment, or in any transaction in which he has a pecuniary interest, supplies false information for the guidance of others in their business transactions, is subject to liability for pecuniary loss caused to them by their justifiable reliance upon the information, if he fails to exercise reasonable care or competence in obtaining or communicating the information.”


  8. I hope the Mayor’s counsel has gathered up and made copies of all the paperwork and correspondence between GAGE and Earthcare.


  9. apparently the missing 184 grand is causing our leaders some consternation. missing members, canceled meetings, hushed and hurried phone calls, the rustle of documents being nervously scanned for any hint of a legible signature is all quite amusing to this old timer. since above noted leaders seem woefully ignorant of how this ‘government as business deal’ scam is properly executed, one can expect the show to continue a while longer. to paraphrase the late, great, huey long [d-la.] ‘THE PEOPLE OF INDIANA DON’T WANT GOOD GOVERNMENT, THEY WANT GOOD ENTERTAINMENT!!! truer word’s were never spoken…

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