The Primate Freedom Project filed a lawsuit against Budget Bicycles owner Roger Charly for selling his property to UW-Madison despite a previous contractual obligation with the animal rights group.
The group had hoped to build a National Primate Research Exhibition to educate the public about the primate experiments conducted in the neighboring UW-Madison research facilities. However, when Charly's lawyer advised him the contract was void, he sold the property to the University of Wisconsin Research Park for $1 million.
Retired Los Angeles physician Richard McLellan joined the group in their complaint filed in Dane County Circuit Court on Oct. 18.
The contract gave the Primate Freedom Project the option of buying the property next to UW-Madison research facilities within the next nine months for $675,000.
According to John Manzo, Roger Charly's lawyer, the contract is not binding because it fails to give Charly consideration or benefit from the transaction. However, a phrase in the contract states that Charly must acknowledge the receipt of adequate consideration. This is still unsatisfactory to Manzo.
'Simply saying that there is consideration doesn't magically create it. You could put a phrase in there that says if the deal goes through that Roger is the King of England, but that doesn't make it true,' Manzo said.
Rick Bogle, founder of the Primate Freedom Project, believes the university is just trying to prevent the creation of the exhibition, since it had not shown interest in the property until the contract was signed. Bogle thinks that the signed contract is legitimate and refuses to make a higher bid on the property.
'If you bought a car from a car dealer and then down the road you decided you wanted to change the contract, do you think they'd be willing to sit down with you and change the deal'? Bogle questioned.
Bogle has filed a separate suit against Jordana Lenon, public information officer of the Wisconsin National Primate Research Center at UW-Madison, for telling the Dane County Executive and Board of Supervisors that he has participated in illegal acts at her facility.
Jean Barnes of the Primate Freedom Project disapproves of the animal experimentation conducted at the Wisconsin National Primate Research Center.
Barnes is particularly angered at the death of a monkey in a neurobiological experiment. Moreover, the USDA discovered the incident before UW's Animal Care In Use Committee took action. Barnes hopes to use the exhibition to spread this kind of information.
