Mar 12, 2014 3 min read

WAYNESBURG – Greene County Memorial Hospital Foundation asked the court to rule the development of a public recreation center on Oakview Drive in Franklin Township will not violate a restriction included in the property deed.

The foundation proposed building a 44,500-square-foot, public recreation center, containing an indoor soccer field, basketball court, fitness center and multipurpose rooms, on 7.6 acres of land it will purchase on Oakview Drive from the Waynesburg Lions Club.

The Franklin Township Zoning Board, at a hearing in December, approved a special exception to allow the building to be constructed in the R-1 residential zone.

The foundation filed a motion with the Greene County Court Tuesday seeking declaratory judgment on an issue regarding a restriction in the deed on the Lions Club land.

The deed for the property, originally conveyed by Grover C. and Marie C. Powell, among other things, prohibits construction of any buildings other than those to be used for “recreational purposes and/or residential purposes.”

But it also states “no business or professions shall be practiced or carried on upon any of the aforesaid tract of land.”

The foundation is constructing a building for recreation, but states in its motion that in order to carry out the purpose for which the center is to be used, it may employ certain professions.

These may include administrative personnel, athletic trainers, fitness trainers, health educators, coaches and health professionals, the motion said.

The foundation asked the court to rule that the use of the property for the foundation’s proposed recreation center does not violate the deed restriction and that the deed restriction is unenforceable to regard to the foundation’s use of the property for a recreation center.

The motion further notes that the property on which the center will be built is now in an area used for recreation and includes Lions Club Park, a playground, baseball fields and a community swimming pool.

The motion names as defendants about 70 other property owners in the area of the proposed center whose land is part of the original Powell tract and who also have the same restriction regarding business and professions in their deeds.

Dave Jones, the foundation’s executive director, explained that the foundation had to include the other property owners as defendants as part of the proceeding. The foundation only wants these property owners to agree that the foundation’s proposed use of the land does not violate the deed restriction, he said.

The foundation met with the property owners listed as defendants Wednesday night to explain the proceeding and the foundation’s plans.