A Blenheim family plans to take the Municipality of Chatham-Kent to court if it doesn't follow their wishes for a piece of donated land in Blenheim.
The Municipality wants to build a multi-use sports pad, a community garden, a 250 metre pathway, install trees, benches, and picnic tables at Kyle Park. But most of the Kyle family, whose father donated the land, said they're against any changes made to the park.
Municipal officials said if a sports pad was built, it could be used for ball hockey, badminton, tennis, volleyball, basketball, and possibly include shuffleboard. It could also be flooded in the winter for an outdoor skating rink if it was done correctly.
Five of the eight remaining Kyles said they don't want any structures or alterations on the property and want the park to stay the way it is.
"The property as it exists right now is the way the property was intended to be used," wrote Cindy Kyle in a letter to the Municipality. "It is peaceful yet inviting. This park has been used by residents of the town to sit in the shade while watching ball games, has been used by various sports teams for practice and warmups, and has also been used by the summer playground club. To say the park is not used or is a wasted space is not right."
Cindy Kyle told CK News Today the family is willing to fight this issue in court if necessary.
"I and at least four of my remaining siblings are willing to take any action necessary against the Municipality of Chatham-Kent if unauthorized changes are made to the park without a majority consent from the Kyle Family," she said. "I trust that the Municipality of Chatham-Kent will respect the wishes of the majority of the remaining Kyle Family and allow Kyle Park to exist in its current form."
The Municipality said it can move forward with development of this parcel of land and Council is not legally obligated to get the approval of the Kyle family for any changes because laws around agreements and restrictions to the use of land expire after 40 years and more than 40 years has passed since the original transfer of the land.
It also noted the original agreement granting the lands can't be found in municipal records and the Kyle family has not been able to provide a copy of the original agreement. Director of Parks and Recreation Rob Pollock said as a result, administration has not been able to confirm what terms may have been in the original agreement.
Don Kyle and his daughter Christina Bertrand delivered a deputation at the August 2021 council meeting in favour of repurposing the park, but according to Cindy's lawyer, the other five members of the family who oppose the move weren't contacted.
The section of land that is home to Kyle Park was donated to the Town of Blenheim by Cindy's father, Thomas H. Kyle, in memory of her grandfather, Thomas J. Kyle.
According to Cindy Kyle, the original deed for the property was issued in 1968 and states that the land was donated as park property, adding that a further amendment in 1977 to allow the arena to be extended onto Kyle Park states that no structures are permitted on the property.
Municipal plans also include officially naming the land Kyle Park and installing a sign with the park name and a description of the history of the land.
The estimated cost to develop the park is nearly $260,000 and the annual operational cost is nearly $16,000.
A survey done in May of 2022 indicated that 83.6 per cent of the respondents did not have any concerns developing a new recreational asset at Kyle Park. The survey also showed that 65.2 per cent of respondents want to develop a new recreational asset, 25.3 per cent want the area left as open green space, and 9.5 per cent stated other.
