The ongoing tug-of-war over a small plot of land between UW-Madison's primate research center and Budget Bicycle Center, 1201 Regent St., entered its next legal battle when the Primate Freedom Project filed an injunction Oct. 26 in Dane County Circuit Court to prevent the property's sale.
The contention over the property began in May 2005 when Budget Bicycle owner Roger Charly negotiated the sale of the lot for $675,000 with Richard McLellan. According to the injunction, McLellan's intention was to give the land to Rick Bogle and the Primate Freedom Project for a museum exposing the alleged evils of primate research.
In August, however, Charly announced a $1 million offer from the University of Wisconsin Research Park for the land, and that he intended to pursue the university's offer. McLellan and Bogle sued the Primate Freedom Project in October, demanding Charly follow through on his first contract.
The injunction is the group's most recent step to prevent the university from acquiring the property.
'It enjoins Roger from selling the property until the court case has been resolved,' Bogle said. Although the lawsuit itself has no court date, the injunction will be heard in late December, Bogle added.
But Jon C. Manzo, an attorney representing Charly, said he had yet to hear of an injunction hearing date and that he hoped that the situation would be resolved before December.
'The ball's in their court,' Manzo said.
According to Manzo, no date for the lawsuit had been set because the Primate Research Project is considering buying the 1202 Regent St. Budget Bicycle Center location, half a block away from the Charter Street property it originally sought. Manzo added Charly's contract with the Primate Freedom Project for the Charter Street property was void, as it offered no form of legal consideration or benefit for his client.
Yet, while the Primate Freedom Project is considering buying the Regent Street property, Bogle said the group would prefer to purchase the lot on Charter Street.
'It looks like what's unfolding is going to be some type of protracted legal battle,' Bogle said.
