--- In [email protected], "wernerapnj" <[EMAIL PROTECTED]> wrote:
> Don't feel too bad, the Council, planners and lawyers had a hard time
> figuring it out too and got it wrong initially. Keep in mind that a
> decade went by and no one in the City to provided continuity (except
> the City Historian). The deals were made without the benefit of a
> City Planner (or the Historian).
>
I don't and was just trying to point out how loosey goosey it is. What
I am trying to say is that absent subsequent clarification by the
parties in some other document, this becomes a legal limbo. As Mark can
point out, a court will look to the language of the contract when it is
clear and unambiguous and will not add or subtract therefrom. When it
is not, then it gets interesting. Thus, without a subsequent written
clarification, the defense by Partners would be that the agreement
prohibits condemnation without its consent and the court would need to
go further.
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