THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Wednesday, March 15, 1995 TAG: 9503150462
SECTION: FRONT PAGE: A1 EDITION: FINAL
SOURCE: BY MARC DAVIS, STAFF WRITER
DATELINE: VIRGINIA BEACH LENGTH: Long : 107 lines
Land salvager Edwin B. Lindsley Jr., in a letter to the U.S. Army Corps of Engineers, says he has proof that he owns the Oceanfront resort beach: a $15 million title insurance policy issued to him last month.
The letter also requests a meeting with Virginia Beach and corps officials ``so we can openly discuss this matter and hopefully come to some resolution of the issues.''
``Time is of the essence in this matter,'' wrote Lindsley's lawyer, Harold Barnes of Suffolk.
But a city attorney on Tuesday said Lindsley's title insurance policy is worthless because it has so many exceptions. He challenged Lindsley to sue the city if he is so sure he owns the beach.
``I do not anticipate a need to meet to discuss his ownership of the beach,'' Deputy City Attorney Gary Fentress said. ``Mr. Lindsley and Mr. Barnes are free at any time they choose to do so to file suit and have the court determine ownership of the beach.''
The letter is Lindsley's first direct challenge to the city on the matter, and the first time he has offered proof of his controversial claim.
Lindsley, 71, is a self-described ``land salvager'' who puts together claims on land that other people consider worthless and creates something valuable. He often revives long-forgotten land claims by defunct corporations.
For 30 years, Lindsley and the city have antagonized each other. Over and over, Lindsley has claimed land that the city and private individuals assumed was theirs - under a shopping mall, a public school, city streets and in people's back yards. Sometimes he wins; sometimes he loses.
But his claim to the resort beach is the brashest in a career filled with bold claims.
To press this claim, Lindsley has chosen the Army Corps of Engineers as his forum. The corps is planning a $100 million hurricane protection plan at the Oceanfront, and Lindsley has challenged the city to prove it owns the beach so the project can proceed.
If Lindsley indeed owns the beach, he acquired it by reviving a defunct company that developed the resort around 1900. He claims to own nearly all the beach from Rudee Inlet to the Cavalier Hotel at 40th Street. The claim apparently includes the boardwalk and the grassy strip between the boardwalk and the hotels.
Barnes said Tuesday that the city has granted licenses illegally to private businesses - restaurants, umbrella rentals and such - to operate on Lindsley's land. He said Lindsley wants an accounting of the city's profits from those businesses.
``Any business that is carried on on Mr. Lindsley's property by private individuals where he has not given his permission is an illegal business,'' Barnes said.
Fentress, however, has said that even if the city does not own the beach, it has an easement on the beach and boardwalk because the public has been using them for 100 years.
``To date, the corps has expressed no concern'' about the city's ownership, Fentress said.
The corps has taken no public position. ``We'll be glad to talk to anybody,'' corps spokesman Bill Brown said Tuesday. ``It will be the city's responsibility to provide lands, easements and rights of way for the project.''
The dispute began in June, when Barnes first wrote to the corps. At the time, he did not say directly that Lindsley owns the beach, but implied that the city does not own it.
``The city is attempting to use smoke and mirrors to complete this project,'' Barnes wrote.
In reply, City Manager James K. Spore wrote, ``This claim is without merit and should not impede implementation of the proposed hurricane protection project as planned.''
On Tuesday, Barnes raised the issue more explicitly. He wrote that Lindsley owns 90 percent of the resort beach, and he included a $15 million title insurance policy that Lindsley got last month from First American Title Insurance Co.
The policy was issued Feb. 23 by Severn F. Kellam at Pembroke Title in Virginia Beach, an agent of First American. Last year, Kellam said, he researched Lindsley's title and determined that Lindsley is right.
Barnes said First American's legal department has confirmed Kellam's conclusion. This could not be verified Tuesday.
But Fentress, the deputy city attorney, said a careful reading of Lindsley's policy shows it is worthless. It includes exceptions for ``Rights of use of the public, if any'' and ``Those easements lawfully acquired by the City of Virginia Beach'' and ``Rights of use of the Federal government and any agencies thereof, as provided by law, if any.''
``Basically,'' Fentress said, ``that document . . . is a declaration against his interest and in favor of the public's interest.''
Barnes said Lindsley does not necessarily want money from the city, but Lindsley would sell the city his rights if the city wants them.
``This is not a holdup, where he's interesting in holding up the city for a certain amount of dollars,'' Barnes said. ``He wants the same thing any other property owner wants. He wants the city to recognize his ownership of the property. He wants them to stop issuing licenses to private individuals to conduct business on his property. . .
``We're not looking for any long, drawn-out litigation. We want to talk out these things.'' ILLUSTRATION: Photos
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