Avery Memorial Woods was acquired in 1959 from the Avery family through a negotiated eminent domain taking.
According to the Newton Graphic, the land “was sold to the city at a small cost in 1959 with the understanding that it would be used only for park and recreational purposes.”
This restriction is contained in the order by the Board of Alderman that took the land. It is also included in an agreement between the city and the Avery family.
In 1968, when the city was planning construction of Day Middle School on a portion of the Avery park, the city and the Avery family signed a second agreement to permit this construction.
The 1968 agreement set out a number of conditions, including this one:
4. None of the land taken by the city as aforesaid shall be used for parking purposes except as incidental to use of the service roadway for deliveries to and from said school.
The school parking areas adjacent to the north and west sides of the school are built on land subject to the 1968 agreement, and are in apparent violation of the agreement.
