Please check with an attorney first, but my attorney’s advice in similar circumstances proved invaluable. Simply put, judges take contracts – including wills – literally.
In your case, the will has a very clear stipulation “so long as the same are so used by it.” Regardless of the reason, as long as you “agree” not to use the camp, the council has solid grounds for selling it. If they are telling you no, you can’t use it, because they have failed to maintain that camp in a safe, usable condition they are in violation of their fiduciary duty. Here is a quick overview of fiduciary responsibility:
“When someone has a fiduciary duty to someone else, the person with the duty must act in a way that will benefit someone else, usually financially. The person who has a fiduciary duty is called the fiduciary, and the person to whom the duty is owed is called the principal or the beneficiary. If the fiduciary breaches the fiduciary duties, he or she would need to account for the ill-gotten profit. The beneficiaries are typically entitled to damages.”
That camp and the Girl Scout program are separate and cannot be conflated in mind or action. The council’s fiduciary duty is to the children that camp was given to. They are not responsible for the camp – they are responsible TO the children the camp was given to. That camp is worth money, and that money belongs to those children. Have you seen the financial plan for the sale of that camp? Are the proceeds being invested – if so where, for how long and how are the returns on that investment being handled? If they are placing proceeds in general funds, they are probably violating their fiduciary duty.
You are Girl Scouts, that place belongs to you, so use it. Start using the camp grounds – with “grounds” being the operative word. If you need to, pay to have a porta-potty delivered and picked up. If you explain your situation to the owner of a local porta-potty company, he might do it for free or reduce the price, or just leave one there for you to use. You do not have to go inside the building. You can have picnics there, campfires, camp outs, do crafts, hike, play games, collect fall leaves, do trash pick-up and trail clean-up. Hold GS leaders training under the outdoor awnings. Heck, hold weekly planning meetings at the camp with people who are working to save the camp – including the girls. And take pictures, make videos and use the date stamp on your cameras. Get the newspaper there, send the media articles with pictures, get it on record – the Girl Scouts are “using” the camp.
Get busy and document everything wrong with that camp, maintenance, flooring, old appliances, roofing, plumbing, etc. Then get written estimates from licensed contractors for repairs and upgrades. Prepare a plan and schedule for work, write a full report and mail it “return receipt requested” to each member of the council. Then submit a formal request to the council for a full accounting, itemizing every expenditure, repair record, estimate and income, etc. for the last ten years. Include pictures from the newspaper, on-line reports, etc. proving the camp is being used by Girl Scouts.
And while you’re at it, start thinking in business and financial terms. That is a beautiful space and beautiful grounds. Make a business case for preserving it with a self-sustaining business plan that dedicates profits to upkeep, maintenance and improvements for future generations. For example, upgrade that kitchen and it could be rented as a venue for weddings, parties, and corporate and church retreats. It could be rented to schools for special programs (our schools rented a campground with facilities like yours, for a week-long nature camp, a music camp and a math camp during the school year). This camp should never be empty, it should be in use full time year round, either filled with girl scouts or paying customers.
If necessary, get tough. Open discussions about receivership or conservatorship and identify a local general contractor, financial planner, estate attorney, hotel owner and a local scout leader who have vision and would be willing to serve.
Umm, sorry for the rant. I was a brownie and a girl scout and your situation hit a tender spot.
