Does Botanical Garden's Operation Comply with Terms of 1882 Deed Creating Park?
Cleveland Botanical Garden v. Staci K. Worthington Drewien et al., Case No. 2020-0629
Eighth District Court of Appeals (Cuyahoga County)
- After accepting a conditional gift of property "forever in trust" from a private donor who set conditions for the property's use, is a municipal corporation permitted to cede use and control of the park property to a private entity that prohibits public access for 75% of the time and generates revenues to fund private purposes?
- Does the Ohio Marketable Title Act (MTA) apply to public park property?
- Does the MTA extinguish the possibility of retaining certain rights unless a party seeking to enforce the interest has recorded a notice of preservation of interest in accordance with R.C. 5301.51?
- Under the MTA, is it only a "record owner" and a party with a present "possessory interest" in a property that can invoke the "continuous possession" exception to the notice of preservation requirement in state law?