Company Seeks Return Of Winchell Park Land

Company Seeks Return Of Winchell Park Land

The Northwest Park Construction Corps. wants a 4.15 acre parcel of land back. 

The City Council apparently is not in a returning mood. 

Land in question is Winchell Park, located in the vicinity of the Lamp Post Plaza Shopping Center on Stadium Blvd.

Ten years ago, the city purchased the property for $10,375. Last night, at its work session, the City Council gave no indication it was willing to sell the property back for the original purchase price.

The council authorized purchase of the land shortly after it had taken an option on it. Terms of that option, claims the construction firm, were not fulfilled by the council and therefore the land should be sold back at the original purchase price.

This controversial question, which could conceivably end in a court case, was spawned from another controversy which did wind up in the courts.

Roscoe Bonisteel Jr., acting as attorney for T. Nelson Jeffress of the Northwest Park firm, told the council the sale of the park land was part of an agreement between the firm and the city regarding the rezoning of 13.03 acres of land in the area commercial for use as shopping center.

He said the city’s right to purchase the park land was contingent upon the city zoning the land for a shopping center. Failing this, he said, the purchase would be null and void.

Subsequently, another City Council changed the zoning on the land and left only about a three-acre parcel for commercial use. This led to a court case which was won by the city in the U. S. Circuit Court of Appeals, which reversed a lower court decision.

Bonisteel said the city had initiated the purchase of the land to use it as a buffer between the shopping center and a residential area. He also said the value of the land at the time of the sale was about $60,000.

Councilmen asked Jeffress why he had not started construction of the shopping center during the four years it was zoned commercial and he said the reason was that the firm was bargaining with a large department store and said this took a great deal of time. He said four years was not an unusual length of time to get a shopping center started. 

Asked if the firm would go to court should the council turn down the request, Bonisteel said that was a possibility. 

The council explained that the reason the land was rezoned from commercial was because the character of the area had changed in four years and said the shopping center would create a traffic hazard.

The council was told that the city could not sell the land back under terms of the original sale but that competitive bids would have to be obtained if the city wished to sell the land. 

Councilmen told Jeffress and Bonisteel that City Attorney Jacob F. Fahrner Jr. had issued an opinion stating the city can not return the land and that the council would have to go along with this opinion.

The council said the terms of the option had been met with the city rezoning the 13.03 acres commercial and added the firm had four years in which to start construction. Councilmen were also told that the city did not believe that the subsequent rezoning of the commercial property had any bearing on the park land agreement.

It was also pointed out that the council would need eight votes to sell the land and it was highly doubtful the votes could be obtained. The discussion was ended with the council asking that information be brought to the council on why the land was sold at such low price, what was the purpose of the buffer, and what was a reasonable length of time in which to start a shopping center.