Anchor ads are not supported on this page.

4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs

The one-hundred year-old public park that never was and may never be

The City is now being sued for finally taking back land in Bankers Hill donated to it as a public park in 1908

More than a century ago, three families donated a small 16,000-square-foot of land in Bankers Hill to the City of San Diego with the agreement that it be "forever" used as a public park.

Nearly 50 years ago, Doctor Milan Brandon and his land-investment firm, Beaver Investment Corporation, took that plot of land on Olive Street overlooking Maple Canyon for purposes of ingress and egress to his property.

Brandon did so with the City's permission, on one condition; that he "landscape, develop, and maintain as and for a public park."

And so it's remained. The issue wound up in court in 1981 when descendants of the McKee family sued the City and Brandon. The judge, however, ruled in favor of the City and the family eventually abandoned the cause.

In that time, Dr. Brandon and his family developed the park, turning it into their own private driveway with a paved driveway, and nicely landscaped shrubs.

Jump to 2008, members of the McKee family continued to push the City and Uptown Planning Group to repossess the land and turn it into a park. The Reader wrote an in-depth article about their efforts.

Shortly after family members and other residents were rewarded for their efforts when the City finally took control of the property. According to a June article in San Diego CityBeat, the City is turning the parking lot/driveway into a park, which is set to open sometime in 2016.

The issue, however, is far from over. On September 16, the Brandon Family Trust filed suit in San Diego Superior Court over the City's decision to repossess the parcel.

According to the complaint, the Brandon's and their tenants need that parcel in order to access the underground parking garage. They fear the City will cut off that access whenever they see fit.

"Brandon contends that as the owner of the Brandon Property he is entitled to enjoy the benefit of an implied reservation of easement of access over Vacated Olive Street, and is otherwise entitled to such right of access by reason of all the facts and circumstances here in above alleged, and that City has no right to stop him from continuing to use the same access over Vacated Olive Street as Brandon and his predecessors in interest have enjoyed for more than 105 years."

"City threatens to obstruct and prevent Brandon from using the access and to prevent his use by engaging in the self-help remedy of fencing off his access as soon as September 18, 2013.

"If not restrained by order of this court, City will obstruct and destroy Brandon's access over Vacated Olive Street, thereby causing Brandon irreparable damage, as Brandon will no longer have access to the Brandon Property, and in particular will have no access to the onsite parking garage, the front entrance, or the building lobby."

The family is asking that a judge step in and grant them a permanent easement to the property.

http://www.sandiegoreader.com/news/2008/nov/05/city-lights-2/?page=2

Here's something you might be interested in.
Submit a free classified
or view all

Previous article

The vicious cycle of Escondido's abandoned buildings

City staff blames owners for raising rents

More than a century ago, three families donated a small 16,000-square-foot of land in Bankers Hill to the City of San Diego with the agreement that it be "forever" used as a public park.

Nearly 50 years ago, Doctor Milan Brandon and his land-investment firm, Beaver Investment Corporation, took that plot of land on Olive Street overlooking Maple Canyon for purposes of ingress and egress to his property.

Brandon did so with the City's permission, on one condition; that he "landscape, develop, and maintain as and for a public park."

And so it's remained. The issue wound up in court in 1981 when descendants of the McKee family sued the City and Brandon. The judge, however, ruled in favor of the City and the family eventually abandoned the cause.

In that time, Dr. Brandon and his family developed the park, turning it into their own private driveway with a paved driveway, and nicely landscaped shrubs.

Jump to 2008, members of the McKee family continued to push the City and Uptown Planning Group to repossess the land and turn it into a park. The Reader wrote an in-depth article about their efforts.

Shortly after family members and other residents were rewarded for their efforts when the City finally took control of the property. According to a June article in San Diego CityBeat, the City is turning the parking lot/driveway into a park, which is set to open sometime in 2016.

The issue, however, is far from over. On September 16, the Brandon Family Trust filed suit in San Diego Superior Court over the City's decision to repossess the parcel.

According to the complaint, the Brandon's and their tenants need that parcel in order to access the underground parking garage. They fear the City will cut off that access whenever they see fit.

"Brandon contends that as the owner of the Brandon Property he is entitled to enjoy the benefit of an implied reservation of easement of access over Vacated Olive Street, and is otherwise entitled to such right of access by reason of all the facts and circumstances here in above alleged, and that City has no right to stop him from continuing to use the same access over Vacated Olive Street as Brandon and his predecessors in interest have enjoyed for more than 105 years."

"City threatens to obstruct and prevent Brandon from using the access and to prevent his use by engaging in the self-help remedy of fencing off his access as soon as September 18, 2013.

"If not restrained by order of this court, City will obstruct and destroy Brandon's access over Vacated Olive Street, thereby causing Brandon irreparable damage, as Brandon will no longer have access to the Brandon Property, and in particular will have no access to the onsite parking garage, the front entrance, or the building lobby."

The family is asking that a judge step in and grant them a permanent easement to the property.

http://www.sandiegoreader.com/news/2008/nov/05/city-lights-2/?page=2

Sponsored
Here's something you might be interested in.
Submit a free classified
or view all
Previous article

Maple Canyon neighbors want parks. The city wants houses.

Bankers Hill conundrum
Next Article

College-Rolando Library could end up with no parking

Friendly deal with College Lutheran now in hands of Blue Falcon
Ask a Hipster — Advice you didn't know you needed Big Screen — Movie commentary Blurt — Music's inside track Booze News — San Diego spirits Classical Music — Immortal beauty Classifieds — Free and easy Cover Stories — Front-page features Drinks All Around — Bartenders' drink recipes Excerpts — Literary and spiritual excerpts Feast! — Food & drink reviews Feature Stories — Local news & stories Fishing Report — What’s getting hooked from ship and shore From the Archives — Spotlight on the past Golden Dreams — Talk of the town The Gonzo Report — Making the musical scene, or at least reporting from it Letters — Our inbox Movies@Home — Local movie buffs share favorites Movie Reviews — Our critics' picks and pans Musician Interviews — Up close with local artists Neighborhood News from Stringers — Hyperlocal news News Ticker — News & politics Obermeyer — San Diego politics illustrated Outdoors — Weekly changes in flora and fauna Overheard in San Diego — Eavesdropping illustrated Poetry — The old and the new Reader Travel — Travel section built by travelers Reading — The hunt for intellectuals Roam-O-Rama — SoCal's best hiking/biking trails San Diego Beer — Inside San Diego suds SD on the QT — Almost factual news Sheep and Goats — Places of worship Special Issues — The best of Street Style — San Diego streets have style Surf Diego — Real stories from those braving the waves Theater — On stage in San Diego this week Tin Fork — Silver spoon alternative Under the Radar — Matt Potter's undercover work Unforgettable — Long-ago San Diego Unreal Estate — San Diego's priciest pads Your Week — Daily event picks
4S Ranch Allied Gardens Alpine Baja Balboa Park Bankers Hill Barrio Logan Bay Ho Bay Park Black Mountain Ranch Blossom Valley Bonita Bonsall Borrego Springs Boulevard Campo Cardiff-by-the-Sea Carlsbad Carmel Mountain Carmel Valley Chollas View Chula Vista City College City Heights Clairemont College Area Coronado CSU San Marcos Cuyamaca College Del Cerro Del Mar Descanso Downtown San Diego Eastlake East Village El Cajon Emerald Hills Encanto Encinitas Escondido Fallbrook Fletcher Hills Golden Hill Grant Hill Grantville Grossmont College Guatay Harbor Island Hillcrest Imperial Beach Imperial Valley Jacumba Jamacha-Lomita Jamul Julian Kearny Mesa Kensington La Jolla Lakeside La Mesa Lemon Grove Leucadia Liberty Station Lincoln Acres Lincoln Park Linda Vista Little Italy Logan Heights Mesa College Midway District MiraCosta College Miramar Miramar College Mira Mesa Mission Beach Mission Hills Mission Valley Mountain View Mount Hope Mount Laguna National City Nestor Normal Heights North Park Oak Park Ocean Beach Oceanside Old Town Otay Mesa Pacific Beach Pala Palomar College Palomar Mountain Paradise Hills Pauma Valley Pine Valley Point Loma Point Loma Nazarene Potrero Poway Rainbow Ramona Rancho Bernardo Rancho Penasquitos Rancho San Diego Rancho Santa Fe Rolando San Carlos San Marcos San Onofre Santa Ysabel Santee San Ysidro Scripps Ranch SDSU Serra Mesa Shelltown Shelter Island Sherman Heights Skyline Solana Beach Sorrento Valley Southcrest South Park Southwestern College Spring Valley Stockton Talmadge Temecula Tierrasanta Tijuana UCSD University City University Heights USD Valencia Park Valley Center Vista Warner Springs
Close

Anchor ads are not supported on this page.

This Week’s Reader This Week’s Reader