City Of Green Bay Files Motion To Dismiss Oneida Seven Generations Corp’s Appeal As Being Moot

The city is moving to dismiss a year-old court appeal that aims to challenge the city’s authority to revoke a permit for a waste-to-energy plant development.

…Members of the tribe have voted to dissolve the company, leading the city to argue in its dismissal action that “there is no longer a controversy for this court to resolve.”

The action is unrelated to a nearly $400 million civil lawsuit filed March 6 against the Oneida tribe by a Chicago-area company that once was involved in the gasification project.

This appeal involves a failed effort by Plaintiff-Appellant, Oneida Seven Generations Corporation (“OSGC”), to site a waste-to-energy facility in the City of Green Bay. The present appeal has been rendered moot by virute of the fact that the Oneida Nation General Tribal Council (“GTC”), which serves as OSGC’s Board of Directors, voted to dissolve OSGC on December 15, 2013, and to discontinue efforts to develop the facility.

…Because of the GTC’s decision to dissolve OSGC, there is no longer a controversy for this Court to resolve. Indeed, even if the present appeal could be viewed as an asset belonging to OSGC that has or will be assigned to its shareholders, the Oneida Nation, the GTC has announced that efforts to develop the facility that is the subject of this appeal have been discontinued.

The Oneida Tribe’s Communication Department sent out the following statement via email this afternoon regarding the $400 million lawsuit filed by ACF Services, ACF Leasing & Generation Clean Fuels against the Oneida Tribe, Oneida Seven Generations Corporation and OSGC subisidiary Green Bay Renewable Energy:

The Oneida Business Committee has received inquiries and comments today in regard to local media reports. They have met and provided this statement.

As reported in the Green Bay Press Gazette and other media outlets, the Oneida Tribe, the Oneida Seven Generations Corporation, and Green Bay Renewable Energy, LLC were named as defendants in a lawsuit seeking nearly $400 million in damages.

…It is the Tribe’s policy not to publicly comment on issues under litigation in our efforts to protect the integrity and not to interfere with the legal process. We can tell you that we are devoting all necessary resources and  will vigorously defend the Oneida Tribe and its interests. We will be filing a response to the lawsuit within thirty days of the date it was served on us, and will update you at that time.

We thank you for your interest and concern.


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Abdul Latif Mahjoob / ACTI / AREC / AREI / ARTI ACF Leasing ACF Services Alliance Construction & Design / Alliance GC (Global Conservation) American Combustion Technologies Inc. (ACTI) / American Combustion Technologies of California Inc. (ACTI) / American Renewable Energy Inc. (AREI) / American Renewable Technologies Inc. (ARTI) Artley Skenandore Jr. / Swakweko LLC Atty. William Cornelius Bruce King City of Green Bay Fmr. OBC Chair Cristina Danforth / Tina Danforth Fmr. OBC Chair Ed Delgado Fmr. OBC Sec. Patty Hoeft Fmr. OBC Vice-Chair Greg Matson Fmr. OBC Vice-Chair Melinda Danforth General Tribal Council / GTC Generation Clean Fuels Godfrey & Kahn Green Bay Renewable Energy LLC / GBRE Green Box NA Green Bay LLC Incinerators / Gasification / Pyrolysis / Plastics-to-Oil / Waste-to-Energy Jacqueline Zalim / Jackie Zalim Kelly Van Den Heuvel / Kelly Yessman Kevin Cornelius Mike Metoxen Mission Support Services Nevada LLC / Mission Support Services LLC Nathan King Nature's Way Tissue Corp. OBC Chief Counsel Jo Anne House OBC Vice-Chair Brandon Lee Stevens / Brandon Yellowbird Stevens Oneida Business Committee / OBC Oneida Energy Blocker Corp. Oneida Energy Inc. Oneida ESC Group LLC / OESC Oneida Nation of Wisconsin / Oneida Tribe of Indians of Wisconsin / Indian Country / Thornberry Creek LPGA Classic Oneida Seven Generations Corporation / OSGC Oneida Total Integrated Enterprises / OTIE OPD Lt. Lisa Drew Skenandore / Lisa Skenandore Owen Somers / Oneida Internal Security Director Paul Linzmeyer Pete King III / King Solutions LLC Ron Van Den Heuvel Sustainment & Restoration Services LLC Todd Van Den Heuvel Tsyosha?aht Cathy Delgado Wisconsin Economic Development Corporation / WEDC

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March 2014
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