CHAPTER 6: BCHD agrees and promises in writing, is ordered by the court, and is required by law, to use forever the land taken by force only for a hospital.
The entire court file, never provided by BCHD but obtained by private citizens, closes the door on building anything but a hospital, and on the “public to private” transfer BCHD contemplates. Let’s look at the details
What did BCHD agree to?
On November 25, 1957, BCHD (not RIC) filed a “stipulation” with the court. (A stipulation is an agreement. Do we not expect everyone, including BCHD, to abide by their legal agreements?)
The stipulation was signed by lawyers for both RIC and BCHD; and, it is final and binding. All parties, including BCHD, agreed that a “Final Judgment of Condemnation” could be entered by a Superior Court Judge in a court of law.
BCHD and RIC agreed to a dollar figure for the “forced” sale, and to waive (give up) all “rights to move for a new trial”, as well as their “rights to take an appeal from the aforesaid judgment.”
BCHD and RIC agreed that certain statements made in their lawsuit were “true”. Those statements included the promise that the land would be used for “the purpose of constructing upon said real property and operating on said real property a hospital in order to provide hospital facilities...”
Finality is crucial in the law. BCHD agreed to forever use the land it forced RIC to surrender as a “hospital”.
What did the court order?
Based on the agreement of the parties, two days later, on November 27, 1957 (after a letter was sent the same day to the court by BCHD’s lawyer explaining title insurance will be obtained and that “I think that it is in order for the Court to render its Judgment in accordance with the Stipulation....”), the court signed a “Final Judgment of Condemnation”.
The judgment of the court, final and binding, ordered that the RIC land be “condemned”, and that BCHD receive said land “...for the construction, completion and operation of a hospital thereon in order to provide hospital services for the residents of said district and others, together with appurtenant apparatus for such hospital.”
By agreement, by court order, and by eminent domain law, the land on which BCHD sits can be used for, and only used for, in perpetuity, a hospital.
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Join us tomorrow for Chapter 7: “BCHD records the court judgment, which becomes the deed to the land upon which BCHD sits.
