Minutes 09/27/1988 - Laserfiche WebLink

Home Browse Search

TUESDAY, SEPTEMBER 27, 1988 City Attorney Worthy presented a written opinion as to the effect of the covenant appearing in the deed from the C. Yo Thomas Estate, Inc., to the City of Martinsville conveying the land upon which the City Park (now, the J. Frank Wilson Park, on the southside of East Church Street Extension) is now located, particularly in light of a recent recommendation from the special Housing Study Committee that portions of this park be considered for residential housing. Citing the specific purposes for which these lands can be used under the covenant (viz., a municipal park, or schools, colleges, and libraries, or for any other municipal purpose or enterprise so long as the same is not detrimental to the interest of adjacent property owners, including the grantor), as well as citing relevant court cases and judicial decisions, Mr. Worthy indicated that, excluding an unenforceable racially restrictive covenant (viz., 'White people only ..... "), the remainder of the covenant would appear to be enforceable and that any attempt to develop the park land for residential purposes would be so fraught with unfavorable legal consequences as to make such an undertaking a lot more trouble than it could possibly be worth. Accordingly, Council unanimously ordered that consideration of this recommendation (from the Housing Study Committee) be discontinued, both by the Council and by the Planning Commission. Council unanimously adopted the following resolution in response to seventeen changes being sought by the Virginia Associated Press Bureau in Virginia's Freedom of Information Act, with Council directing that copies of this resolution (and Council's position-responses) be forwarded to The Honorable A. L. Philpott, Speaker of the Virginia House of Delegates, The Honorable Virgil H. Goode, jr., State Senator, and The Honorable Wm. Roscoe Reynolds, Member, Virginia House of Delegates: