In an April 29 letter to the town of Warren, an attorney representing Vixen Land Holding LLC said the company was ready to close on its proposed purchase of the former elementary school in town.

The town argues the contract is “null and void,” saying Vixen Land Holding breached the contract.

Businessman Robert Emery, through his company Vixen Land Holding LLC, entered into the purchase and sale agreement with the town to buy the former school at 44 School St. around Sept. 30, 2010. The purchase price listed in the contract was $225,000.

CRC Health Group proposed opening a methadone treatment clinic in the former Warren school building to treat people struggling with addiction to heroin, prescription drugs or other opioids.

“As you are aware, this office represents Vixen Land Holding, LLC. in regard to the purchase of the former elementary school building plus 5.37 acres of land more or less from the town of Warren,” attorney Samuel Cohen wrote in his April 29 letter to the town. “In reviewing the contract, the closing must occur on or before May 6, 2011. This is to advise you that our client, Vixen Land Holding, LLC is ready, willing and able to close on this matter on or before May 6, 2011. Please provide this office with the proposed deed and real estate transfer tax declaration as soon as possible for my review.”

On May 4, town attorney Patrick Mellor wrote in response, “As you know, over two months ago we informed your client and your office that, as a result of your client’s breach of the applicable contract, the contract is null and void.”

“Your client was required to seek a written commitment from a lender,” Mellor stated in a previous letter in March.

His reference was to a paragraph from the purchase and sale agreement requiring the purchaser of the property to obtain, within 120 days, a written commitment from a lender for a mortgage loan of at least 75 percent of the purchase price. The agreement document also included specifications for the length of the mortgage and the interest rate.

“Given Vixen Land Holdings, LLC’s failure to comply with the mandatory terms of the contract, it has breached the same and is in default,” Mellor wrote in his March letter. “Under the explicit terms of the contract, my client has no further obligations to your client. The contract is null and void.”

The town has a moratorium in place on methadone clinics, and a town committee has been working to draft regulations for such facilities in the town.