Mount Saint Mary’s University has issued a response to the attorneys representing the J. Paul Getty Trust in regards to a lawsuit involving a dispute over an easement used by school construction vehicles. The university’s complaint, filed in the Los Angeles Superior Court, seeks an injunction to allow them to use the easement without interference, as well as unspecified damages.
The Getty Trust and Getty Center, who are neighbors to Mount Saint Mary’s University, previously argued that the university’s descriptions of the easement were unclear and inconsistent, and that the allegations of ongoing interference were merely legal conclusions. They expressed uncertainty in how to respond to these claims.
The university has now filed court papers with Judge Timothy Patrick Dillon, countering the arguments made by the Getty Trust attorneys. They assert that the Getty Trust knows exactly what Mount Saint Mary’s University is seeking and that the court should reject their attempts to strip the university of its recorded property rights.
According to the university’s attorneys, the lawsuit makes it clear that Mount Saint Mary’s University is seeking to confirm their title to the easement, which was granted to them in 1929 and corrected in 1930 and 1939. They also point out that the Getty Trust took ownership of their property in 1983, with full knowledge of the university’s easement rights.
The attorneys for the Getty Trust argue that the university’s arguments are unclear and lack sufficient detail for them to respond adequately. They state that without further clarity, the court cannot grant relief for the claims made by Mount Saint Mary’s University.
In addition, the university has obtained approval from the city of Los Angeles to construct a wellness pavilion, which will provide various amenities dedicated to health and well-being for its mostly female student body. They informed the Getty Trust about their intention to use the easement for construction access, but the trust initially approved and later changed their stance.
The lawsuit alleges that the Getty Trust has raised baseless procedural defenses to the university’s easement rights, including claims of abandonment or elimination. The suit also claims that Getty spread misinformation about the university’s use of the easement and threatened to inhibit the construction of the wellness pavilion.
Despite the university’s decision not to use the easement for the pavilion, the Getty Trust continues to deny their rights to it. The lawsuit emphasizes the importance of the easement as a property right with potential emergency uses.
