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ET April 2, 2018 | Updated 12:26 p.m. ET April 3, 2018 Officials celebrate during the groundbreaking ceremony for the Luminary Hotel in downtown Fort Myers. Amanda Inscore/news-press.com Former Fort Myers Mayor Jim Humphrey speaks to City Council on the issue of a potential title problem with land on which the city has been working to have a hotel constructed. CONNECT TWEET LINKEDIN 5 COMMENTEMAILMORE Challenges to the city of Fort Myers' legal ownership of land on which a downtown hotel would be built will fail once a judge gets involved, the City Council was told Monday. "There is no interest that can stop or seriously delay you from proceeding," said former Mayor James Humphrey, an attorney hired by the city to resolve title issues. "There is no existing legally enforceable restriction remaining on the hotel site. A parking lot of slightly less than an acre was sold to the city for $100 in 1936 by John Morgan Dean, one of Fort Myers' first developers. It included a provision that the land can only be used for park or yacht basin purposes. Humphrey told the council that claims of any of the Dean's heirs would run into legal problems of their own, mainly because the deed itself does not provide for a mechanism for the property to be reclaimed if the condition is broken. "It contains no statement would allow heirs or assigned to have a property interest," Humphrey said. "We as attorneys who have spent some time on this really believe that your city will prevail, where there is no interest that can actually stop or seriously delay you." More: Fort Myers hotel developer confident 'long hand from the grave' won't derail downtown project He also said that the site has been used for parking for years and complaints that deed restrictions are being broken had to be made within five years. Attorney Mark Ebelini, who was hired by the city along with Humphrey to address the title issue, noted that the yacht basin and the park that were contemplated when Dean sold the property to the city have been built. "The purpose of the restriction has now long since been met, the city has possessed and used this land for over 80 years," Ebelini said. The new hotel being built in downtown Fort Myers hotel will be called Luminary Hotel & Co and will be 12 stories tall with views of the river and downtown.
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