THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, February 15, 1995 TAG: 9502150472
SECTION: LOCAL PAGE: B3 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: CHESAPEAKE LENGTH: Medium: 85 lines
The City of Norfolk is suing land salvager Edwin B. Lindsley Jr. and his former psychic adviser to force them to give up a claim that they own the 100-acre Indian River Park near Greenbrier.
Although the park is in Chesapeake, Norfolk has claimed ownership since 1922.
But Lindsley and his former adviser, Doris B. Ward of Pensacola, Fla., also have claimed they own the park because Lindsley in 1984 revived the company that created the park, 60 years after it went out of business.
The city's lawsuit against Lindsley and Ward was filed Monday in Chesapeake Circuit Court. Norfolk seeks $800,000 in damages from the pair for fraud and harming the city's title, and a court decree that they do not own Indian River Park.
Lindsley declined to comment Tuesday.
Ward's lawyer, Alan D. Albert, said, ``Mrs. Ward is simply an innocent bystander to a series of transactions masterminded by Edwin Lindsley. We fully expect that Mrs. Ward will be dismissed as a party to this suit in due course.''
The park straddles Military Highway near the Chesapeake-Virginia Beach boundary. The tract is adjacent to Chesapeake's Greenbrier Business Park and Virginia Beach's College Park neighborhood.
Most of the park, south of Military Highway, is undeveloped woods. The north side has a baseball field, playground, basketball court, picnic shelter and a building leased to the Girl Scouts.
Norfolk acquired the 100 acres in 1922 as a gift from the Indian River Park and Improvement Co., according to the lawsuit. The company went out of business two years later.
For 62 years, the park remained Norfolk's undisputed possession. But in 1984, the lawsuit says, Lindsley ``caused the State Corporation Commission to reinstate the corporate charter of Indian River for the sole purpose of asserting an unfounded ownership claim in the property.'' Lindsley renamed the company Greater Chesapeake Ltd.
In 1990 or 1991 - court documents disagree - Lindsley's Greater Chesapeake company deeded the park to Ward personally.
Later, Lindsley tried to get the property back. He sued Ward and claimed that she had been his psychic and spiritual adviser for 18 years, and she had bilked him of $500,000 cash and six valuable properties, including Indian River Park.
That case is being settled. So far, though, there has been no agreement or new deed between Ward and Lindsley filed in court.
In 1991, an attorney for Ward explained the basis of her claim to the park:
``The (Indian River) corporation dedicated the property to Norfolk to be used as a park. . . From that time to this, Norfolk has never used the property as a park. No improvements have been made. The property has, for the most part, remained untouched. . .
``Norfolk, therefore, holds a right to use the property as a park, but has no other ownership interest in the property. Mrs. Ward holds fee simple ownership.''
Norfolk filed the lawsuit Monday ``to make sure there's no issue with regard to its title to the property,'' said the city's lawyer, Stanley G. Barr Jr. ``This is a very valuable asset. It's one the city feels obligated to protect.''
Contrary to Lindsley's claim, Barr added, ``It is used as a park. In some ways it's done on an organized basis, in some ways it's done on an unorganized basis.''
Barr said the city ``has no present intention of selling the property.''
In the past, Ward has tried to get Norfolk to buy her share of the park.
In 1991, her lawyer wrote to City Attorney Philip R. Trapani: ``The City of Norfolk can never sell that property, or use it for any purpose other than a park, without Mrs. Ward's agreement. . .
``My client, Mrs. Ward, is willing to enter into negotiations with the city either to sell the City of Norfolk her fee simple title in and to the park or to enter into a contract whereby Norfolk and Mrs. Ward agree to jointly sell their interests in the property to a third party.'' ILLUSTRATION: Photo
Lindsley
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ADRIANA LIBREROS/Staff
by CNB