Last Updated: Tuesday, September 16, 2008 8:58 AM CDT
Tribe want money back from Forest County
Daily News Staff
The Forest County Potawatomi Community (FCPC) has notified Forest County officials that it will focus on seeking the return of all money paid to the county under a land agreement, now that the county has refused to uphold that agreement.
According to an amended claim filed with Forest County, FCPC is seeking financial restitution for all sums paid to the county, with interest, under an agreement giving it the right to purchase 880 acres of county land in the Lincoln Township.
FCPC was assigned the right to purchase the 880 acres when it purchased the Crandon mine site in 2003. However, Forest County is refusing to uphold the land agreement and sell the land to FCPC.
The county has claimed in court papers that a state statute protects its decision to terminate the land agreement.
To date, the county has received $1.5 million from FCPC and the various owners of the proposed Crandon mine. To date, interest on the $1.5 million exceeds $1 million. The county has not made a final decision on whether to return the money.
Potawatomi Tribal Chairman Philip Shopodock says the tribe wants its money now.
“It has become clear that the county is not going to abide by their end of the legal agreement and can delay transfer of the land for much longer than we care to wait,” said Shopodock. “As a result, we have decided to focus on a simpler remedy—return of our money.”
The tribe had filed a complaint in circuit court against Forest County asking the court to enforce the land agreement between FCPC and Forest County. The complaint was filed after the Forest County Board passed a resolution terminating the legally binding agreement.
The county's response to the complaint alleged that the sale of the land is contingent upon the issuance of a mining permit. However, the tribe claims it’s under no obligation to seek a mining permit, and the county does not have a right to terminate the contract if the tribe does not obtain one.
If Forest County had followed through with the land agreement, in addition to the $1.5 million already received, FCPC would have paid the county an additional $900,000 for the 880-acre property, the tribe said.
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marya wrote on Sep 16, 2008 12:25 PM: