Eric Kelly kits back over “defamatory remarks”.
This time last week, the phone and email lines into Demolition News Towers glowed a worrying orange colour as demolition people from across the world responded to allegations that discarded explosives had been found on a property that had previously been rented by Advanced Explosive Demolition.
This weekend, AED and Eric Kelly responded to those allegations with a letter from the company’s attorney to set the record straight. We have reproduced that letter (below) in its entirety:
AED, Inc., and Delaine Lubbers and Luvern McIlree (McIlree) entered into an agreement for AED, Inc, to purchase the McIlree ranch. The parties agreed that AED could take possession pending payment of the entire purchase price and AED paid $50,000 down, and $7,500 per month for a year. Of the $7,500, $5,000 was applied to principle and the balance was for rent.
AED took possession, moved its livestock and personal effects onto the property and shortly thereafter learned that McIlree had misrepresented the flow of the well because AED ran out of water. The well capacity was very important to AED because they had livestock to water. In addition, AED discovered that McIlree had also misrepresented the nature and extent of a prior water intrusion issue. Based on these two things, AED elected to stop making payments toward the property and seek rescission of the deal.
At the time AED elected to seek rescission, it had already paid $95,000 towards the purchase price and made other improvements to the property. McIlree took the position that he could just keep the $95,000 and the present suit began. AED did not vacate the property in order to protect their equitable interest in the property. Shortly after the suit began, a mysterious fire occurred on the property while the Kelly’s were out of town and AED received negative press from McIlree telling everyone illegal explosives had detonated in the barn. McIlree was to have provided insurance on the barn, but had not done so and AED suffered a substantial loss of their personal property.
McIlree moved the Court for an Order ejecting AED. AED defended on the grounds that it was entitled to possession until the suit was completed and the Court held that AED was not entitled to continued possession. All other issues in the suit, which will shortly include a claim against McIlree for Defamation, remain.
During the hearing, the Court indicated that it was unlikely that McIlree could jjust keep the $95,000 that AED had paid towards principle. After the hearing, McIlree began a campaign to disparage AED and Eric and Lisa Kelly. The Kelly’s were out of town working when the Court order them to surrender possession. McIlree refused to give them any reasonable time to remove their possession, so the Kelly’s left their job site and drove all the way to Idaho from Texas.
McIlree was told that the Kelly’s were on the way and that explosives were stored on the property and it was illegal for him to tamper with them at all. McIlree’s response was to immediately open or cause to be opened the explosives, call the Sheriff and to call the BATF. It was reported that 1,000 pounds of explosive were illegally stored, when in fact, it was less than 50 pounds and all were stored legally. Someone is still repeated calling BATF and attempting the BATF to take some action against AED and/or Eric and Lisa Kelly.
As you can see, McIlree’s allegations that the Kelly’s were just squatters and not paying rent is wholly inaccurate and this, along with the continued interference with AED’s relationship with the BATF and local law enforcement has damaged AED’s reputation in the demolition industry.
