Logger seeks $2.5 million in damages

A Rexford-based logger is seeking $2.5 million in damages from the U.S. Forest Service for what a federal court in February deemed the wrongful termination of his logging contract in the Kootenai National Forest.

On April 29, a federal appeals court ordered the U.S. Forest Service to pay Enos Miller $56,000 in attorney fees after Miller won his appeal on Feb. 20.

The logging contract was awarded to Miller in August 2010. The forest terminated his contract in 2011, a decision that initially was upheld before being overturned by the federal appeals court.

Miller is now attempting to recoup money he would have gotten had the sale proceeded as planned.

Miller’s attorney, Allen Payne, said Miller expected to make $4 million from the timber contract, for which he bid $1.5 million. He also is attempting to recover $350,000 for a performance bond and down payment that Payne alleges were illegally seized by the Forest Service after it terminated the contract.

On Wednesday, a conference call between a federal judge and attorneys for the Forest Service and Miller was held to determine the next steps.

“While there’s a settlement possible, the Forest Service seems to have it out for Enos for whatever reason,” Payne said Tuesday. “The appeals court has finally finished its work, and they have now sent the case back to ... the Civilian Board of Contract Appeals.”

That board initially ruled against Enos before the appeals court ruling earlier this year. After the conference call, Payne said the parties had agreed to take 30 days to attempt to resolve the case before it goes back to the board.

“We’re always open to reasonable offers, so hopefully they’ll come up with a reasonable one and we can get this wrapped up quick,” Payne said. “If that doesn’t work, the court will issue a schedule which will end in a hearing that will determine the amount of his damages.”

Reporter Samuel Wilson can be reached at 758-4407 or by email at swilson@dailyinterlake.com