About The Islander. (St. Simons Island, Ga.) 1972-current | View Entire Issue (May 6, 2019)
Page 2, May 6, 2019, The Islander °age 2 N Court decides Twitty Park is worth saving In an order issued April 29, Glynn County Superior Court Judge Stephen Kelley granted summary judgment, in part, in favor of plaintiffs, the Glynn En vironmental Coalition and Jane Fraser in their lawsuit against Glynn County and a Sea Island Company entity re garding a 1982 conveyance of Twitty Park on St. Simons Island. The court’s ruling voided the 1982 conveyance from Glynn County to Sea Island Company Mr. Cain’s deed required his gift to re main a public park, and if the land ever ceased to be used for such purposes, it was to revert to his heirs and successors. The Glynn Environmental Coalition and local residents reached out to the surviv ing family of Mr. Cain and discovered that they had never been notified and had never approved die 1982 transfer. The Glynn Environmental Coalition and local resident Jane Fraser filed their their favor, and the April 29 order is the court’s ruling on those motions. The order outlines the judge’s deci sion in favor of maintaining Twitty Park as the original 1924 Cain deed intend ed: “As the legal owner of Twitty Park, Glynn County held that property in trust for Glynn County residents, who are eq uitable owners of the property. Under the common law of this State, the Comi ty had no authority to alienate Twitty Park - land held by it for use as a public park.” “We are extremely grateful for the court’s decision to maintain Twitty Park as a public park, to be held in the pub lic trust for Glynn County residents and visitors to St. Simons Island,” said Pa mela Tillman, GEC President. “Twitty Park is worth saving!” Sea Island and Glynn County have 30 days to appeal the court’s decision. McGlNTY-GORDONg^\SSOCIATES Connoting clients to confidence LET US HELP YOU PROTECT YOUR MOST VALUABLE ASSET—'TOUR FAMILY! Brighter and more secure futures come with protecting those parts of our lives we hold most dear. To learn more about our future-minded solutions for all your insurance needs, please contact us at 912.638.8600 or www.mgassi.com PERSONAL & COMMERCIAL INSURANCE • LIFE* 1IKALTH INSURANCE • EMPLOYEE BENEFITS • RISK MANAGEMENT Twitty Park - St. Simons Island Photo courtesy GEC and requires that Twitty Park be owned and maintained by Glynn County for the benefit of the public. “Glynn County Superior Court Judge Stephen Kelley’s decision provides a clear answer to the question at the heart of die case: ‘Did the Comity have the au thority to transfer Twitty Park to Sea Island in 1982?’” said Rachael Thomp son, Executive Director, Glynn Environ mental Coalition. ‘The ruling ensures that Twitty Park will remain a public park and is in line with our claim since the commencement of this litigation tiiat Twitty Park is worth saving.” In 1924 local businessman T. L. Cain dedicated land for a park as a gift to Glynn County. For 95 years Twitty Park has served as a scenic icon of live oaks with a Spanish moss-draped canopy at the intersection of Frederica Road and Sea Island Road. Residents use the park for picnics, biking, running, dog walking, and to ob serve and appreciate the natural land scape that makes Georgia’s barrier is lands beautiful and unique. Twitty Park is a natural oasis on St. Simons Island in our ever-developing community. Prior to filing the lawsuit in 2016, the Glynn Environmental Coalition and lo cal residents became aware of Glynn County’s plans to potentially develop roadworks that would encroach on the 95-year -park. After careful review of the title work and other actions taken by Glynn County, the Glynn Environmen tal Coalition learned that Glynn County had conveyed Twitty Park to Sea Island in 1982 and that such a transfer and sub sequent actions were prohibited by the 1924 deed Mr. Cain gave Glynn County. lawsuit to have the Glynn County Supe rior Court declare that Twitty Park must be maintained as a public park for the benefit of all residents of Glynn County. In April 2017, Judge Kelley denied mo tions to dismiss the lawsuit filed by the defendants, which allowed the litigation to move forward. In May of 2018, Judge Kelley held a hearing to consider motions filed by each side requesting the court to rule in CARING FOR SOUTHEAST COASTAL GEORGIA SINCE 1980 COMMUNITY-BASED AWARD-WINNING NON-PROFIT % ° HOSPICEo™ GOLDEN ISLES 912.265.4735 WWW.HOSP CE.ME
