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November 29, 2005 -- A centuries old piece of paper could cause some major problems for the Chaffee Zoo and Measure Z supporters.
At least one property deed to Roeding Park says if the land is not used as a park, it goes back to the family that donated it to the city.
The Roeding family wants open space, not an expansion of the Chaffee Zoo. With a lease approved by the city council on Tuesday, the family promises to sue.
The new lease between the city and new Zoo Corporation allows for a 39 acre zoo expansion at Roeding Park.
But, a lawyer for the Roeding family now promises to sue because the expansion would cut the park's open space by 25%.
"The city has already blown us off. And the only alternative is to bring legal action," said Roeding family attorney Richard Harriman.
The Roedings donated 116 acres to the city for a park back in 1903.
Their lawyer refers to a handwritten deed stored at the county clerk-recorder's office. It says, "Should city of Fresno ever fail at any time to conduct and maintain the land hereby granted as a public park or boulevard, land shall immediately revert to and become the absolute property of the grantors."
Those grantors would today be the descendants of Roeding, who now live in the Bay Area.
Zoo board members say the public has spoken, through Measure Z, about what they want at Roeding Park.
"I don't understand it. 73% of this county has said what they want done with the zoo," said Shari Rainwater, from the Chaffee Zoo board.
The Roeding family campaigned against Measure Z, saying open space should be preserved for inner city residents.
But if the city insists the zoo should expand there, their attorney says the family should be paid for land which legally reverts, he says, back to them, "If they choose to do that, they can buy out the Roeding's family interest."
Some are saying a zoo can still be part of a park, but expansion will likely need a zoning land use change.
The Roeding family is likely to argue the zoning change proves the land is not open space.
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