Leesburg delays final deed transfer to Forward Paths pending injunction outcome; commission conditions transfer on court ruling
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Summary
After debate about legal risk and asset preservation, the commission directed staff to wait for the temporary-injunction hearing outcome before executing the deed for the shuffleboard property; commissioners split over whether to transfer immediately and whether the city faces material exposure.
The commission debated a previously approved transfer of the city’s shuffleboard-court property to Forward Paths after the organization’s opponents filed a lawsuit alleging the city violated its charter by transferring the property without referendum and seeking an injunction to block the transfer.
City staff and the city attorney explained the procedural posture: a temporary-injunction hearing was scheduled for Nov. 13, and the city had filed a motion to dismiss scheduled for a later hearing in January. The city manager and city attorney said there is no court order presently preventing transfer, but recommended pausing action until the temporary-injunction hearing is resolved. Legal staff said the worst-case outcome for the city would likely be that the property is returned to the city and that the city’s financial exposure is minimal because the city is not paying development costs.
Several commissioners cautioned that transferring the deed before the court resolves the injunction could allow Forward Paths to demolish existing shuffleboard-court improvements, leaving the city with undeveloped property and lost improvements; others said the risk is low and that completing the transfer would keep Forward Paths engaged in planned improvements.
A motion that the city execute the deed and transfer title to Forward Paths if the temporary-injunction motion is denied passed on roll call (the commission recorded yes and no votes on the motion). City staff will follow the court process and proceed per the motion’s condition.
Next step: staff will await the court’s Nov. 13 temporary-injunction ruling and, if the injunction is denied, will proceed to execute the deed consistent with the commission’s direction.

