Nov. 10—Bacone College will go back on the auction block next month.
A notice of a sheriff's sale of the property was issued for publication Thursday by Barrow and Grimm, the law firm representing MHEC, LLC aka Midgley-Huber Energy Concepts in a breach of contract lawsuit against Bacone. The sheriff's sale is listed for 10 a.m., Dec. 14, at the Muskogee County Courthouse, 220 State St.
Attempts to reach attorneys representing the two parties plus officials with Bacone College were unsuccessful.
MHEC sued the college after it claimed Bacone was in breach of contract by not living up to the terms of an agreement on Aug. 20, 2020.
A written contract — entered into by both parties — said MHEC was "to furnish labor, material and equipment for certain services and installations on Bacone's campus."
District Court Judge Timothy King ruled in favor of MHEC on Nov. 13, 2022 in the amount of $1,038,500 — the amount MHEC claims is owed for the work, plus pre-judgment and post-judgment interest.
During a previous hearing in April to grant a stay of a sheriff's sale, Joe Keene, an attorney representing the college, said King erred in his initial ruling granting a summary judgment against Bacone.
"There was a condition precedent to the contract that required funding for the contract be set in place before any work began," Keene said. "MHEC basically ignored this requirement under the contract and started work without that funding being in place."
Bacone also appealed the initial appraisal of the property, valued at more than $10 million. A second appraisal was granted and in the notice of the sheriff's sale the property is valued at $4.65 million.