RSS
Rec Center Legal Opinion
City Attorney Joe Scala has repeatedly said that the South Side Recreation Center's deed does not represent an obstacle to the proposed indoor rec center there.
Not being a lawyer, and not possessing the money to hire one, I was without any opinion to the contrary, save that of Ron Kim, who is a lawyer, but I think we can all agree, slightly biased against the project for various reasons. Of course, Scala (and, for that matter, attorney/Mayor Scott Johnson) may also be biased.
What we needed was an independent opinion. As I said, I couldn't afford to hire one, but fortunately for me (and you), local government watchdog Kyle York has, seemingly, a huge budget for legal fees. He, through a friend who specializes in real estate law, furnished me with the opinion below. The bottom line, as I read it, is that the city could very well face suit over the proposed facility, but the city would likely be successful in fending off the case, and in fact, a court might not even hear the case.
The only question remaining, should someone decide to sue the city, is how much it would cost the tax payers.
Not being a lawyer, and not possessing the money to hire one, I was without any opinion to the contrary, save that of Ron Kim, who is a lawyer, but I think we can all agree, slightly biased against the project for various reasons. Of course, Scala (and, for that matter, attorney/Mayor Scott Johnson) may also be biased.
What we needed was an independent opinion. As I said, I couldn't afford to hire one, but fortunately for me (and you), local government watchdog Kyle York has, seemingly, a huge budget for legal fees. He, through a friend who specializes in real estate law, furnished me with the opinion below. The bottom line, as I read it, is that the city could very well face suit over the proposed facility, but the city would likely be successful in fending off the case, and in fact, a court might not even hear the case.
The only question remaining, should someone decide to sue the city, is how much it would cost the tax payers.
From: Peter L. Rubin
To: Kyle York
Sent: Saturday, July 12, 2008 4:10 PM
parking is allowed as an ancillary & necessary use to accomplish the primary purposes of the deed restriction, to wit, “playground & recreational uses”. without the acceptance of the ancillary & necessary use, the primary uses of the restriction cannot be achieved and the wishes of the grantor would fail.
new york state precedents: too many to mention.
grand high exalted mystic justice of the peace.
ps. send $1.5 million for legal fees.
peter l. rubin
president and ceo
the coral company
13990 cedar road.
university heights, ohio 44118
posted by The Saratogian City Desk at
4:46 PM
2 Comments:
The end result will be that if the rec center is built at the south side field site, city taxpayers will be paying for a facility for use by the enlarged school district per the deed.
The question now becomes how those living in the enlarged school district, but outside of the city, share in the cost.
EVEN AS WE SPEAK, I am trying to negotiate a lesser fee with my friend Peter, ESQ. But on a serious note, Pete is a graduate of UNION, got a Law Degree at Boston University, then practiced with a Blue Chip Manhattan firm. He is now President of an extremely hi-profile Real Estate development firm in Cleveland.
IN SPITE of his lifelong friendship with me, he is razor-sharp... and his opinion is that of ONE man.
Post a Comment
Subscribe to Post Comments [Atom]
<< Home