News Reedy Creek Improvement District and the Central Florida Tourism Oversight District

lazyboy97o

Well-Known Member
Don't mince around semantics. It would be DeathSantis ordering anything. The 'board' are his puppets.
It’s not just semantics. The actual specifics of who is what and differences between de facto and de jure have been important to this subject the entire time. It’s important to understanding how Reedy Creek Improvement District was originally conceived and worked. Now it is important to understanding who would be taking action against whom.
 

LittleBuford

Well-Known Member
Sorry, I meant edited the wiki. Looks like one person 'The Inedible Bulk'.
Interesting! The self-appointed editors of Wikipedia move fast!

Something I've noticed is that the version of the clause in the RCID agreement goes much further than the version described in the Wikipedia article and the piece shared earlier by @Chi84. The RCID agreement gives the timeframe as "(21) years after the death of the last survivor of the descendants of King Charles III" (emphasis added), whereas the usual form of the clause refers to the last living descendent alive at the time of the document's drafting. Does anyone know if the RCID version, which could in practice mean forever, is an accepted variant?
 

CastAStone

5th gate? Just build a new resort Bob.
Premium Member
Interesting! The self-appointed editors of Wikipedia move fast!

Something I've noticed is that the version of the clause in the RCID agreement goes much further than the version described in the Wikipedia article and the piece shared earlier by @Chi84. The RCID agreement gives the timeframe as "(21) years after the death of the last survivor of the descendants of King Charles III" (emphasis added), whereas the usual form of the clause refers to the last living descendent alive at the time of the document's drafting. Does anyone know if the RCID version, which could in practice mean forever, is an accepted variant?
So the first clause says it’s valid in perpetuity. The backup clause says in case that’s ruled invalid, then the Royal thing. If the rule against perpetuities is found to apply here, it would be in the form of how it’s always applied, which is a living person’s death plus 21 years. The way you’re reading it IS a perpetuity, or at least likely to be one.
 

UNCgolf

Well-Known Member
Interesting! The self-appointed editors of Wikipedia move fast!

Something I've noticed is that the version of the clause in the RCID agreement goes much further than the version described in the Wikipedia article and the piece shared earlier by @Chi84. The RCID agreement gives the timeframe as "(21) years after the death of the last survivor of the descendants of King Charles III" (emphasis added), whereas the usual form of the clause refers to the last living descendent alive at the time of the document's drafting. Does anyone know if the RCID version, which could in practice mean forever, is an accepted variant?

It is worded a bit strangely, but I assume they meant for it to have the same effect as the usual form.

Otherwise it's a clear violation of the Rule Against Perpetuities and would be unenforceable.
 

GoofGoof

Premium Member
Interesting! The self-appointed editors of Wikipedia move fast!

Something I've noticed is that the version of the clause in the RCID agreement goes much further than the version described in the Wikipedia article and the piece shared earlier by @Chi84. The RCID agreement gives the timeframe as "(21) years after the death of the last survivor of the descendants of King Charles III" (emphasis added), whereas the usual form of the clause refers to the last living descendent alive at the time of the document's drafting. Does anyone know if the RCID version, which could in practice mean forever, is an accepted variant?
Here is the exact wording:

TERM: ASSIGNMENT BY WDPR. 7.1. Term. This Declaration shall be deemed effective as of the Effective Date and continue to be effective in perpetuity unless all or certain portions of the provisions of this Declaration are expressly terminated as provided elsewhere herein; provided, however, that if the perpetual term of this Declaration is deemed to violate the "Rule Against Perpetuities,' " or any similar law or rule, this Declaration shall continue in effect until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this Declaration. Notwithstanding the foregoing or anything to the contrary herein, this Declaration will terminate as of the date that none of WDPR or any of its Affiliates (or their respective successor entities) owns any real property within ten (10) miles of the RCID Properties.

So it is limited to the last descendant who was living as of the date the contract was signed.
 

Sirwalterraleigh

Premium Member
Does this give Disney a legal back door to invalidate the entire law? Basically the lawsuit or contract would have been unnecessary if the district hadn’t been dissolved. The dissolution of the district can now be shown to cause actual, tangible potential harm to the Walt Disney Company.
I think this was a fairly easy case to make from the start.

The problem…and just my guess…is that Disney is calculating just how hard it is to win in politicized courts?
 

MagicHappens1971

Well-Known Member

LittleBuford

Well-Known Member
Here is the exact wording:

TERM: ASSIGNMENT BY WDPR. 7.1. Term. This Declaration shall be deemed effective as of the Effective Date and continue to be effective in perpetuity unless all or certain portions of the provisions of this Declaration are expressly terminated as provided elsewhere herein; provided, however, that if the perpetual term of this Declaration is deemed to violate the "Rule Against Perpetuities,' " or any similar law or rule, this Declaration shall continue in effect until twenty one (21) years after the death of the last survivor of the descendants of King Charles III, King of England living as of the date of this Declaration. Notwithstanding the foregoing or anything to the contrary herein, this Declaration will terminate as of the date that none of WDPR or any of its Affiliates (or their respective successor entities) owns any real property within ten (10) miles of the RCID Properties.

So it is limited to the last descendant who was living as of the date the contract was signed.
Thank you. The article I quoted earlier didn't include the "living as of the date of this Declaration" bit, plus I was thrown by the reference to "the last survivor", which I mistakenly interpreted as referring to future generations. I see now that "the last survivor of the descendants" is meant to be understood as "the last surviving descendant".
 

peter11435

Well-Known Member
Probably to prevent risking from it being nullified altogether. I wonder what kind of compromise this would entail though.
But also why would the new board be willing to compromise if they legitimately felt the agreement was an overreach and would not hold up. The new board has zero reason not to go to court if they honestly think they are in the right. Going to court doesn’t cost them anything.
 

lazyboy97o

Well-Known Member

The Board apparently is hoping to come to a compromise with Disney before legal action is taken. The contract prevents the new board from even amending it, why would they even bother to compromise.
People with unreasonable demands often say they want to compromise to appear more reasonable. They get to say they want to “compromise” and then when it doesn’t happen they blame the other party for not “compromising” which they wanted to do all along.

But also why would the new board be willing to compromise if they legitimately felt the agreement was an overreach and would not hold up. The new board has zero reason not to go to court if they honestly think they are in the right. Going to court doesn’t cost them anything.
Because it lets them claim they were trying to be “reasonable” and “compromise”. Disney did this big thing and they were willing to let them keep some of it if they could just talk about it.
 

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