Save the Welwood Murray Memorial Library Committee v. City Council

The City Council of the City of Palm Springs, together with the City of Palm Springs (collectively referred to as City), has appealed from a judgment directing that a writ of mandate issue to compel City to vacate and set aside the second amended participation agreement (the Second Agreement) between City and Wessman Development Company (the developer). Such judgment declared that City could not take certain actions related to City-owned real property on which a public library is located, and it further enjoined City and its agents and employees from undertaking such actions in the future.

Facts

The City of Palm Springs owns certain real property within its corporate limits on the southeast comer of Tahquitz Way and South Palm Canyon Drive. This property, which will be referred to as “the Library Property,” is the site of the Welwood Murray Memorial Library.

The Library Property was acquired by City by two grant deeds. The first deed, executed in 1938 by George Welwood Murray and May D. Murray, provided in relevant part that: “Now this conveyance is made upon the express agreements and conditions herein contained:

Thereafter, the question of the acceptance of this…