(KAIR)--No sale.

That's the decision made through the lack of a motion pertaining to negotiations for the sale of Atchison Senior Village.

The matter came before the Atchison County Commission Tuesday in the form of what County Counselor Patrick Henderson explained was a letter of intent from the Brooklyn, New York based company interested in making the purchase. “By signing it, you're agreeing to negotiate, you're agreeing not to offer the product for sale, the facility for sale, to any other person or entity, for a period of time, and enter into negotiations for the sale of the facility.”

County Commission Chairman Eric Noll, following Henderson's explanation, called for a motion on the matter. “Is there a motion to sign the [letter of intent] with RecoverCare?”

Twelve seconds of silence followed Noll's question, with no motion offered, meaning the proposal died, which keeps the residential care facility under the ownership and operation of the County.

The possible sale has been on the table since 2015, with the proposal drawing public controversy.

The lead up to the November 6 general election saw both 1st District County Commission candidates in agreement that the facility should not be sold.

The winning candidate, incumbent Jack Bower, had strong words leading up to the election about the possible sale. “The people that want to buy it currently are in an office above a yoga store in Brooklyn, New York. They don't exist here in Kansas...it would not be the same,” Bower said during an interview with MSC News in October.

As Atchison Senior Village goes off the market, the facility finds itself at the heart of a lawsuit seeking more than $75,000 in wrongful death damages.

A jury trial is set to begin October 22, 2019 in Atchison County District Court.

The lawsuit was filed in June by the family of a former resident.