The City of South Bend is facing more heat over the decision to spend more than a million dollars to buy a discount store and give the property to a Catholic school.
A South Bend Common Councilman says a controversial land deal is not the deal the council voted on. And he wants to know why.
The Council's 5-4 vote in June paved the way for the city to buy the Family Dollar store on LaSalle Avenue and give it to St. Joseph's High School. The school will use the property to build a football stadium on its new campus, which is set to open next year.
Since then, the city's been slapped with a federal lawsuit claiming the deal is unconstitutional. City officials say it is constitutional because the school has agreed to let the city use its facilities for public events. A federal judge's ruling on the matter is expected next week.
This week, we got our first look at the finalized contract between the city and the school.
And we learned it is only a 10 year deal.
After ten years, the contract expires, and St. Joseph's High School will no longer be required to let the city use its facilities.
This 10 year revelation has one Common Council member speaking out.
Common Council vice president Oliver Davis voted against the deal back in June.
Fox 28 has been all over this story.
Wednesday night, Davis told us exclusively that the council was never informed of the 10 year time limit, before or after they voted.
Thursday, he told us that's not the only thing in the final contract that bothers him.
"Right now when people are emailing me or calling me I don't have the answers for them because it's brand new information for us, at a very critical time in the middle of this court hearing," says Davis.
Common Council member Oliver Davis says even though he didn't vote in favor of buying the Family Dollar to begin with, a 10 year deadline on the partnership between the city and St. Joseph High School just throws another log on the fire. He says the council wasn't privy to important information about the deal.
"Those kinds of things should have been on the table. We should have had a clear understanding of that."
Americans United for Separation of Church and State, along with the ACLU are suing the city over the deal. Americans United attorney Alex Luchenitser believes this detail in the contract will only help their case.
"Any value received by the City through this deal is greatly limited. And after ten years, St. Joseph's High School will be free to use the land to, for example, build a chapel."says Luchenitser
A ten year deadline on the contract isn't the only new detail that has Davis scratching his head. The contract states public events to happen at the school will have to be agreed upon by the school and the city.
"How will that decision be made? Who at St. Joe High School can make that decision and who at the city of South Bend? Will it be the mayor, the city council? Those issues haven't been discussed."
Americans United thinks this part of the contract also helps their case because St. Joe's facilities probably won't be open to all groups that might want to use them.
Luchenitser says, "Groups whose activities or beliefs are contrary to the School's religious beliefs many not be allowed in. For example, would St. Joseph allow a gay and lesbian community group to use the new field?"
Davis says he's not sure if the vote would change if council members knew about these details beforehand, but he's hoping in the future the process will be different.
Council member Al Kirsits, who voted for the plan in June, told us Thursday he still would have voted yes even if he had known about the ten-year contract.
We did speak with another Council member who voted for the plan, but now has questions about the deal. That Council member asked to remain nameless.
We contacted City Attorney Chuck Leone, but he never returned our calls Thursday.
Common Council attorney Kathy Cekanski-Farrand deferred comment to Leone.
