-5- The 1988 Deed On December 29, 1988, petitioners executed and recorded in the Office of the Recorder of Deeds for Sussex County a special warranty deed (the 1988 deed), which purportedly transferred the 1988 gift land to the State of Delaware. (At this time, the State court action was in the discovery phase, and settlement discussions had not begun.) Petitioners did not submit the 1988 deed to any State of Delaware official in 1988, other than to the Sussex County Recorder of Deeds, who did not have discretion to reject or not record the deed. Between 1988 and November 1991, the State neither knew of nor accepted any gift from petitioners. On November 11, 1991, petitioners' attorney, Mark D. Olson, submitted a letter to Edwin H. Clark II, Secretary of the Delaware Department of Natural Resources, transmitting a copy of the 1988 deed. This was the first time the "gift" was officially brought to the State's attention. However, the State rejected the attempted gift in accordance with its position in the State court action. 1992 Settlement Agreement and Dismissal of the State Court Action Following lengthy settlement negotiations, the State court action was resolved pursuant to an April 15, 1992, Settlement Agreement (the agreement). Pursuant to the agreement, petitioners conveyed to the Nature Conservancy,2 which immediately conveyed to 2 The Nature Conservancy was a nonprofit environmental preservation organization with its principal office in Arlington, Virginia.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011