RIPLEY, Ohio — A complaint for declaratory and injunctive relief over property was recently filed by the Ripley Boat Club and the Ripley Lions Club against The Village of Ripley.

On Oct. 18, both non-profit corporations filed the complaint with the Brown County Court of Common Pleas.

According to the official filing, they requested that the court, “issue a declaration of the rights and obligations of the various parties pursuant to a lease agreement involving real property owned by defendant and subject to a lease with the Ripley Boat Club, and as assigned by the Ripley Boat Club to the Ripley Lion’s Club.”

The Boat Club stated that on or around April 1, 1959, it had leased property that the Village of Ripley described as;

“Beginning at the mouth of Red Oak Creek; thence following the shoreline of the Ohio River northerly to a point twenty (20) feet south of the Brookbank Coal Company tipple track; thence parallel with said track easterly with the center of the closed section of Front Street to Red Oak Creek; thence along the shoreline of Red Oak Creek to the place of beginning, being the land formerly comprising the old village dump and part of the old public landing.”

The non-profits provided the court with a lease recorded on Jan. 23, 1962. The lease stated that the Village of Ripley let the Boat Club and Lions Club lease the real estate as previously described for 10 years at $1 per year.

It is further shown in the lease that witnesses were present and signed including the Village of Ripley Mayor W.C. Richey and Clerk Thomas J. White along with the President and Secretary of the Ripley Boat Club.

“In Dec. of 1994, the same parties agreed to extend the same terms of the lease for two additional terms of ten (10) years each, beyond the original four extensions previously provided under the lease,” the filed complaint stated.

The non-profits provided the court with a 1994 agreement for modification of the lease.

The official agreement stated, “Whereas, said lease provided that the lessee would have the option and privilege of renewing said lease for four (4) additional terms of ten (10) years each, and whereas, the last of said ten (10) year extensions would expire pursuant to the terms of said lease on March 31, 2009, and whereas, the parties hereto desire to modify the terms of said lease.”

On Dec. 30, 1994, the agreement was signed by Village of Ripley Mayor Larry D. Fulton and Clerk Hilda Frebis along with four witnesses and the President and Secretary of the Ripley Boat Club.

According to an ordinance provided to the courts by the non-profits, Ordinance No. 1000 was adopted by the Village of Ripley “granting additional renewal terms of an existing lease with the Ripley Boat Club.”

The ordinance stated, “Whereas, The Ripley Boat Club desires to make certain improvements to the premises and, as a condition of the securing of financing for said improvements, The Ripley Boat Club has been required to secure an extension of the term of said lease.”

It is further noted in the ordinance that the Village of Ripley Council believed it was in the best interest of Ripley if the terms of the lease were extended that way those improvements could be made.

Two-thirds of the council concurred on four sections of the ordinance.

The first two sections stated the lease had been originally dated April 1, 1959, and there would be a modification to provide an option of renewing for two terms of 10 years each beyond the four that were originally set.

Section four stated, “This ordinance shall be in full force and effect from and after the earliest date allowed by law.”

The ordinance was adopted on Aug. 9, 1994, and signed by the Village of Ripley Mayor Larry D. Fulton.

Minutes from the Aug. 9, 1994, Village of Ripley Council meeting were also provided by the non-profits.

The minutes read, “Mr Gifford, president of the Ripley Boat Club, was present to ask for two additional ten-year options on the village-owned property. The club is purchasing a new larger boat and need the extended time in order to secure financing. Mr. Arlett motioned to suspend the rules. Mrs. Gast seconded. Mr. Crisp then offered ordinance number 1000, allowing the two additional ten-year options, expiring in 2029. Mr. Wagner seconded, with all members voting year.”

It is noted in the filed complaint that the Ripley Lions Club was assigned certain property from the Ripley Boat Club in December 1986.

The official assignment stated, “It is, therefore, agreed among the parties hereto that the Ripley Boat Club shall, and hereby does, for the sum of one dollar and other good and valuable considerations, the receipt of which is hereby acknowledged, assign to the Ripley Lions Club, all their right, title and interest in the lease referred to above, on the portion of the leased premises.”

The Lions Club agreed to assume the responsibilities and obligations of the lease to the property according to the assignment.

“It is understood that the Ripley Lions Club desires to lease said property for a park, playground, and as an area to conduct activities, including fun-raising activities, and to charge fees for the use of said area,” the assignment read.

On Dec. 18, 1986, the Commodore of the Ripley Boat Club and the President of the Ripley Lions Club signed the assignment along with the Mayor of the Village of Ripley.

In the filed complaint, the Ripley Boat Club stated that they have operated a restaurant and boat dock on the property and have maintained it at all times “as a source of entertainment for the citizens of the Village of Ripley as well as the public at large.”

“The Ripley Lions Club has improved the property by putting a shelter and a food trailer on the premises, which is used for their fundraising activities throughout the year. At no time has the Ripley Lions Club abandoned the property,” the filed complaint stated.

The filing further noted that it is under the belief that the Village of Ripley has the position that the Ripley Boat Club “does not have a present valid lease” with them for this property.

“Additionally, on information and belief, defendant has taken the position that plaintiff Ripley Lions Club does not have at present a valid assignment of lease with the Ripley Boat Club and defendant, for the above-described property,” the filed complaint stated.

According to the filing, it is upon the belief of the non-profits that the Village of Ripley has a planning process for redeveloping part of its riverfront property that includes property subject to the lease with the Ripley Boat Club and assignment with the Ripley Lions Club.

“In the event defendant proceeds with its planned riverfront development, including the property leased by the Ripley Boat Club and the Ripley Lions Club, plaintiffs will suffer irreparable and permanent damage by the loss of the use of their leased property. Plaintiffs have no adequate remedy at law,” the filed complaint stated.

An agreement from July 2014 was provided by the non-profits to the court for a modification of the lease.

The agreement was for a modification of the option of renewing the lease for three additional terms of 10 years.

It was signed on July 8, 2014 and signed by The Village of Ripley Mayor Tom Leonard and Fiscal Officer Lesley Myers along with the President and Secretary of the Ripley Boat Club.

The Ripley Boat Club and the Ripley Lions Club asked the court to issue a “declaratory judgment establishing the rights and obligations of the parties under the lease agreements set forth hereinabove.”

They further asked the court for two granted requests that included a, “Preliminary and permanent injunction and enjoining defendant from taking any action in violation of plaintiffs’ rights under the lease agreements, and any assignments. Grant plaintiffs all other relief to which they may be entitled herein, including their costs and attorney fees.”

A second part outlining a filed motion from The Village of Ripley will be published in the Friday, Nov. 15 edition of The Ledger Independent.