You could read this several different ways (DOC:Spellerberg Park info from Deed files-2 ) but I decided to pull out the finer points of the 23 page document that covers the original purchase by the VA and the city’s purchase of the park.
Honestly to tell you, if I was reading this as an attorney or judge, I would be on a fence. While you could easily argue as long as the city was using this park for recreational purposes (indoor pool) and not interfering with the business of the VA, they have a 100% right to build an indoor pool at Spellerberg, AND I would see NO legal issues or conflicts with the deed if the city builds an indoor pool at that location.
I’m sure I surprised everyone with that statement 🙂
I have never been against a public indoor pool, I just think there should be a larger private partnership with it and at a different location. Which brings me to item (b)
Who ‘determines’ if the city is using the park properly in reference to the deed? The Veteran’s Administration? They could almost make any case as to why the city build the indoor pool with interference to the VA.
This is why I think it is very important that both the city and the VA come to a legal agreement OR an amendment to this deed before dirt is moved. It would be the wise and prudent thing to do before building a $20 million dollar facility.
Image was cropped and highlighted for ‘specifics’ reasons, no text was edited or changed.
