pash wrote:There are numerous parking lots on the ATA's right-of-way. There is no such thing as an easement that does what you imagine; presumably the ATA leases the parking lots to the adjacent businesses.
this is the exact arrangement: space for surface parking is leased to adjacent businesses and that revenue is used to fund trail maintenance. unfortunately, this gives people the impression the right-of-way is narrower than 100 feet (and, thus, could seemingly not support both trail and transitway at the same time).
Yes, it's possible that the ATA and Sherry DeJanes entered into a contract that allowed her to construct and use half of a garage, a shed, and a garden on the ATA's land, and similarly for the lesser encroachments—err, technically possible contractually permitted uses of the ATA's land—by her neighbors. I'll let you decide for yourself how likely that might be.
(DeJanes's garage, by the way, seems to have been built in 1996. The extended fence line, and shed and garden, are much more recent.)
it's possible, but that's not what happened. the lawsuit was filed because she has no claim to the right-of-way, even if the city approved a permit.