Continuously serving Kosciusko County since 1854
A property dispute between the Winona Lake Lion's Club and the town of Winona Lake has ended up in Kosciusko Circuit Court.
Winona Lake Lion's Club Inc. is seeking damages, compensation and other legal relief from the town of Winona Lake and from James F. and Lisa A. Lemasters.
The case was filed in July.
LeMasters, reached by telephone today, believes he was named in the suit because he once asked the town to vacate the area.
That request came in 2000 when he built his home, which is adjacent to the Scout Cabin property.
LeMasters said that vacation request was denied and he has not sought any further action regarding the property.
If the property were vacated, however, as an adjacent property owner, LeMasters would become owner of half of the vacated area.
The Lions' suit claims that in 1958, Winona Lake disclaimed any interest of the disputed area by donating and agreeing to allow the Lions Club to construct the Boy Scout cabin within the platted but unimproved easement. The construction of the cabin began in November 1958 and was completed in December 1958.
For the next 45 years, the Lions Club used the cabin and paid taxes related to the cabin. The lawsuit estimates the value of the cabin is approximately $85,000.
On May 16, the town gave the club notice that it had 60 days to vacate the disputed area and to demolish the cabin.
According to the lawsuit, the town said that "if it is not removed, then the governmental entity has the option of arbitrarily removing the structure or pursuing a more formal approach by filing a petition with the court seeking an order requiring the owners of the property to remove it."
Additionally, the town said, according to the lawsuit, it was "ejecting the Lions Club and ordering the demolition of the Boy Scout Cabin because of 'the use to which the town desires to make of the right of way.'"
The Lions Club, the suit says, believes the proposed use by the town is not for a street, public transportation use or for the provision of any alleged public water access rights. The Lions Club believes the town intends to transfer the disputed area to a private individual or organization for private development purposes. The town is trying to acquire the area without paying for it to transfer it to a private person or organization, the lawsuit says.
As evidence of the town's intent, the lawsuit says the town has abandoned any claim and water access rights associated with the north end of East K Street because this area has been developed for construction and not developed for use with any of the town's water access rights or transportation improvements.
The Lion's Club wants a judgment to prevent the town from reneging on its 1958 promise to donate the disputed area to the club and to prevent the town from interfering with the club's interest in the property. The Lion's Club also wants to be awarded reasonable damages.
As for the suit against the Lemasters, the Lions Club wants a judgment against them so that any right, title or interest they may have in the area would be extinguished and the club would be declared the owner of the area.
Lemasters owns real estate, lot 166 and the east 25 feet of lot 167, which is adjacent to the disputed area.
Lions Club is a nonprofit Indiana corporation that was an unincorporated community service organization formed Feb. 21, 1955. The Lions Club is one of 44,600 clubs in 190 countries that are a part of the International Association of Lions Clubs, committed to providing services for the community's youth.
Winona Lake was incorporated in 1913.
