VALDOSTA —
The Valdosta-Lowndes County Industrial Authority is moving ahead with its suit against Wiregrass Power, LLC for the restoration of original land ownership rights.
All adjacent landowners and other interested parties, including the City of Valdosta and the Lowndes County Board of Commissioners, have been served court documents detailing the suit, and a special master (a lawyer with considerable knowledge in real estate contract issues) has been hired.
The special master will conduct an investigation of the facts as he sees fit and present his finding to the judge, who will decide whether to approve it, said the Authority’s lawyer, Edward Preston of Coleman Talley, LLP.
Southern Circuit Judge James Tunison appointed Willis L. Miller III as special master. Miller brings more than 30 years contract experience to the case, Preston said.
“You want to pick somebody who has some, in this case, real estate knowledge and familiarity with contracts,” Preston said. “Someone who can interpret a contract.”
The issue between Wiregrass and the Authority boils down to whether a certain clause regarding what constitutes a default in the service agreement “has been triggered” or not, Preston said.
Wiregrass is claiming a contractual right to purchase the land which was leased to them by the Authority while the Authority maintains Wiregrass waived that right when it failed to build on schedule.
The suit states Wiregrass, knowing it would be unable to meet the July 1, 2011 deadline to begin construction of a biomass energy generation facility, attempted to exercise its option to purchase the 22.2-acre plot of land for $200,000, as stipulated in the contract.
Wiregrass notified the Authority of its intentions May 25, 2011, but the Authority argues Wiregrass was already in default of the contract due to failure to make satisfactory progress, and therefore did not have this option.
“It comes down to do they have the right to buy the property, and if so, under what terms?” Preston said. “Our issue is they don’t. The conditions that needed to be satisfied to exercise the option never occurred, so they’re done.”
Whether the Authority or Wiregrass wins the case, it is clear a biomass plant will not be constructed on the property, but other energy plants, such as solar, may be in the works, according to the Authority.
Local News
Related Photos
-
The Valdosta-Lowndes County Industrial Authority is moving ahead with its suit against Wiregrass Power, LLC for the restoration of original land ownership rights. Metro Services
Discussion
Authority serves papers in Wiregrass Power lawsuit
Third party to determine contract issue
- Local News
-
-
Blaze damages cars, blocks I-75
A tractor-trailer transporting automobiles northbound on Interstate 75 Thursday morning caught fire just north of exit 5 in Lake Park.
-
VECA recognized at VSU
Rising juniors from the Valdosta Early College Academy (VECA) were recognized at Valdosta State University Wednesday night as the first group of students to begin earning college credit while still in high school.
-
Businesses raise funds for Oklahoma disaster
By now, we’ve all heard about the tragedy in Moore, Okla., a mile-wide, F5 tornado with winds of more than 200 miles per hour carved through 17 miles over a span of 50 minutes on Monday afternoon.
-
Southwestern State Hospital to close
One of Thomas County’s largest employers — at more than 700 people — and a longtime regional state mental hospital will close Dec. 31.
-
Search for survivors continues
Helmeted rescue workers raced Tuesday to complete the search for survivors and the dead in the Oklahoma City suburb where a mammoth tornado destroyed countless homes, cleared lots down to bare red earth and claimed 24 lives, including those of nine children.
-
Curator offers arts a helping hand
If you’ve been to the Annette Howell Turner Center for the Arts in the past four years, you have seen the quiet art of Bill Shenton.
-
Albino gators visit Wild Adventures
Two rare albino American alligators have joined the other gators at Wild Adventures for the summer.
-
Officers wound man in shootout
A Lanier County man was wounded Saturday during an exchange of gunfire with lawmen, according to a Lanier County Sheriff’s Office press release.
-
Woman fights to live after cancer
To be whole again, the desire that sometimes overwhelms chair-bound Mandy Painter, fuels the Realtor each day through walking lessons during physical therapy and it's also what could see her through a cutting-edge program in Boston, where world-class neurologists can reawaken her cerebellum and see the mother of three to her feet again.
-
North Ashley Street closed following accident
A Sport Utility Vehicle traveling north on North Ashley Street drove into a telephone pole Monday morning, resulting in the closure of the road.
- More Local News Headlines
-
