George,

I think even you would have to admit that claiming Jerry Kilgore over Dick Howard as your legal authority on what is constitutional in Virginia is pretty laughable. Mr. Kilgore doesn't seem to let what might be legal bother him too much in pursuit of his political agenda, a trait that he shares with our own Ms. Richards.

The long and the short of the issue is this: call it what you want: sale, easement, license, rental whatever you like: if the end result is a permament change to the land conveyed you've got to have a supermajority.

But lost in the shuffle of the legal arguments is the fact that VDOT has announced that work on the road will not begin until 2006. There is thus no practical, functional, operational necessity whatever for this conveyance to be done so far in advance of any resolution of the outstanding issues. There are only the political ambitions of the three councillors, with Ms. Richards at their head, eager to feather her political cap by giving away our park and ingratiating herself with county voters. Ms. Richards has run for every local elective office available, and there only remains Mr. Van Yahres seat when he retires. What can Ms. Richards do to add to her appeal, which has so far failed to garner her a victory? Hand over McIntire Park with no fuss and muss about conditions would be a new accomplishment guaranteed to appeal to most county voters.

Last night Rieley and Associates presented an interim report on the master plan for McIntire Park which showed what this park could mean to the city of Charlottesville, even with a road in it. This park would truly make a statement about our community and give more than lip service to oft-touted "beautiful entry" argument for the parkway. With addition of more land to the 89 acres of McIntire and extending up into the county, this park would be a major asset to the city and the county in many ways.

The accomplishment of this plan will take time and will and the resources of the City, County, VDOT, the State, and even the private sector. Our city Council will have to advocate for this plan and lead the players in making it a reality. It will be impossible to achieve this plan or even a small portion of it if the renegade councillors forestall the negotiations by giving away the land which would amount to highway robbery committed against the city's residents by unprincipled politicians who care more about their own ambitions than in protecting the city's interests.

Mary MacNeil (electronic mail, December 16, 2003)

Editor's Note: This web site takes no position on Jerry Kilgore as a legal authority;)