Is What BCHD Proposes Legal?

A series

 

 

Read previous chapters here.

 

CHAPTER 5: It is hard to hide the truth, and facts about why BCHD cannot use the land for anything but a hospital begin to take shape.

     

The plot thickens.

 

The story BCHD was telling at that point was a mystery wrapped in an enigma. A quitclaim deed is the weakest legal form for transferring real property. But, BCHD seemed to assert (and, oddly, may perhaps still to this day claim), that the weak quitclaim deed gives them “unrestricted” rights to use the BCHD land any way they want.

 

BCHD’s assertion is false, for at least two reasons. First, we now know that what BCHD calls “the deed” was not the mechanism by which the hospital land was transferred to them. Second, if what BCHD says were true, they own no land at all.

 

Perhaps BCHD realized that if the story ended with the quitclaim deed, they would have more problems than they already do. Whatever the reason, much later in time a second document appeared. It was the result of many written follow ups and public requests and comments, and that second document is 5 pages long. Yet, BCHD only provided 4 of the 5 pages.

 

Even the incomplete document was of great interest however. The first page showed that a lawsuit had been filed and a final court judgment entered.

 

A lawsuit emerges from the mists of time.

 

We will spare you the details of the tortuous path that followed, but we know that where there is a lawsuit, a court file exists. That court file tells the story BCHD does not want you to hear. And, while, again much later (and indeed after the fact) BCHD finally produced the missing page of the five, BCHD left out the rest of the court file documents.

 

The court file fills in another piece of the puzzle, and hardworking, concerned private citizens moved mountains so that you, the taxpaying public who funds BCHD could have the true story. Here it is.

 

What does the lawsuit tell us?

 

On February 4, 1957, BCHD’s predecessor sued RIC (and others). The complaint filed was for “Condemnation”. One word. Nothing more. BCHD pointed a gun at RIC’s head.

 

The lawsuit was required to tell us why BCHD wanted the land. Here is what was said in their First Amended Complaint (filed on July 31, 1957) about why RIC’s land was taken by force of law:

 

“...The public interest and necessity require the acquisition....to certain real property owned and located in the City of Redondo Beach....” (page 3, para. 7)

 

Why?: “...For the purpose of constructing upon said real property and operating on said real property a hospital in order to provide hospital facilities for the various residents who reside within the South Bay Hospital District.” (page 3, para. 4).

 

RIC hired one of Los Angeles’ premier law firms; one of the oldest, largest, and most expensive law firms in the country. BCHD was also well represented.

 

The “forced marriage” of RIC’s land and the BCHD’s hospital would be done legally and properly, with all loopholes closed.

_____

 

      Please join us tomorrow for Chapter 5 “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.

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