If you're a tenant, you're a tenant even if you find three billion documents authorizing you to commence your tenancy and construct a building.
If you're a tenant, you're a tenant even if you find three billion documents authorizing you to commence your tenancy and construct a building.
OK, so you did get written notice that your tenancy is terminated the end of 2015. That's a lot more notice than the one month that's required by law.
Good luck with that. I don't think any of those documents will change the fact that your organization is a tenant at will.
Believe all that if you like, but it's not going to change reality.
So unlike maybe small claims court where there is a prepondence (sp) of evidence might sway something - the group has no rights.
Are there examples of court cases?
Well, you couldn't use small claims court to seek an injunction against the town, you'd have to refuse to move when the end of the year comes around and then wait until the town filed for eviction through the courts. Then you could raise a defense and see how it goes.
If you wanted to litigate it now you would have to sue in regular court and seek a declaratory judgment that you have some right to stay in the property indefinitely. You're going to need a lawyer for that and that'll cost you a bundle and you aren't likely to win it.
I suggest you seek out the advise of an attorney.
I think the debate here has run its course.
Yes, I agree the discussion has been complete and thorough, it gives me ideas to present to the group and whether to wait until the end for the town to file the eviction notice through the courts (which will cost them money) and then we raise a defense. Yes, we plan to contact an attorney... but this gives us some realistic ideas and options to prepare for when we find an attorney. Thank you
UPDATE: We have researched minutes of the council meetings which show a proposal to lease the land and us building the building, council approved and sent to their attorney. We personally have a carbon copy of the letter which states we renew at our previlge and shows what our responsibilities are. There seems to be no copy of the proposal for lease of the land in Council records, but it's referred to in their minutes. After the council meeting date April there is no reference to this issue (at least through Dec of that year). I was told by the clerk that any closed session minutes before 1995 were voted by the Council to keep them closed. If pertinent discussions they're not available.
Our lawyer before we found the minutes - felt we had a case of (I think he called it easement by estoppel)
We haven't gotten to speak with him yet in regard to the Council minutes. It appears like it will go to court.