Sheriff's auction of Bacone College in Muskogee called off the day before it was to happen

Murray Evans, The Oklahoman
·2 min read
Photograph of a scene on the campus of Bacone Junior College. Oklahoma Historical Society
Photograph of a scene on the campus of Bacone Junior College. Oklahoma Historical Society

A planned auction of the Bacone College campus scheduled for Thursday morning has been called off, according to the Muskogee County Sheriff’s Office.

It’s the second time in recent months that Bacone, a tiny private college in Muskogee, has come within 24 hours of having its campus auctioned off to the highest bidder in order to pay a court judgment. An auction scheduled for April 27 also was called off before a Muskogee County judge ordered it be held on Thursday.

Haley Whittle, a deputy clerk, for the sheriff’s office, told The Oklahoman the sale had been called off but had no other details. Online court records didn’t have any documents posted regarding the auction being called off and Bacone’s interim President, Nicky Michael, said she wasn’t aware of any reasons why.

“We are so grateful and relieved,” Michael told The Oklahoman.

Opened in 1880, Bacone has survived a multitude of financial, enrollment and accreditation crises in recent years, when it seemed the four-year school with a history of serving students from tribal nations would be forced to close.

According to court documents, in August 2020, Bacone — then under a previous president, Ferlin Clark — contracted with Utah-based Midgley-Huber Energy Concepts (MHEC) to provide energy conservation services, lighting, heating, ventilation and air-conditioning equipment for the college campus. Most of that work was complete by spring 2021. MHEC said the cost of the work was $1,038,500. Court documents include testimony from Bacone officials that MHEC’s work met the contract specifications and helped the campus save money.

In September 2021, MHEC sued Bacone, and on Nov. 15, 2022, Muskogee County District Judge Timothy King granted MHEC a summary judgment in the case. King’s order commanded a foreclosure of MHEC’s mechanics and materialmen’s liens against Bacone and subsequently, the Muskogee County Sheriff’s Office set the April 27 auction date. That auction was canceled just before it would have started.

Last month, the court set the Dec. 14 date for the auction, and Michael said she found out about it through the media. With interest and attorney’s fees tacked on, the amount now owed by Bacone to MHEC is about $1.6 million. John Harper, a Tulsa-based attorney for MHEC, has said that if the campus is sold and the debt paid, that would end MHEC’s involvement with Bacone.

Harper didn’t immediately return an email message on Wednesday seeking comment.

According to court documents, the campus has been appraised at $4.65 million.

This article originally appeared on Oklahoman: Bacone College in Muskogee gets another reprieve as auction called off