The American Legion Building is one of the architectural landmarks of St. Augustine's bayfront. Originally called "Blenmore," it was a wooden Victorian house built just over a century ago for hardware entrepreneur Charles F. Hamblen. During the 1920s' land boom, it was remodeled by the famous Jacksonville architects Marsh and Saxelbye with a title roof, domed tower and stucco siding to serve as headquarters for D.P. Davis, the developer of Davis Shores.

Since 1940, it has been home to the American Legion's Charles F. Hamblen Post 37, and a plaque in the lobby honors all the former post commanders back to Otis Barnes in 1919-20. Three of the commanders have been women: Daisy R. Westerlund in 1932-34, N. Connie Kendrick in 1978-79 and Agnes Davis in 1987-88.

Westerlund, who served at South Carolina's Charleston Navy Yard during World War I, is said to have been the first woman in the United States to hold the position of commander of an American Legion post when she served her two terms in St. Augustine in the 1930s.
 

THE FIGHT BEGINS

 

JIM SUTTON
Editor - St. Augustine Record
Published Friday, September 29, 2000

One of the city's more historically significant buildings is at the center of an ownership battle, pitting five area businessmen against more than 400 veterans of our country's wars.

Arguably the most architecturally unique piece of bayfront property, the future of the building housing the Charles F. Hamblen Post No. 37 of the American Legion will likely be decided in court.

The American Legion filed suit late last week to stop what its officers term an ''arrogant and illegal'' takeover of the building that has housed the post since 1940.

Named in the suit as defendants are Bob Talton -- a former post commandant -- Herbie Wiles, Fred Green, Charlie Usina and Pierre Thompson. Talton is being sued for breach of fiduciary contract. Wiles, Green, Usina and Thompson are charged with conspiracy and abetting that breach. The suit seeks damages of more than $15,000 on each charge -- an amount sufficient to move the case through circuit court.

The defendants, being represented by attorney Geoff Dobson, have 20 working days to respond. A trial date will be set for Judge Richard Weinberg's court. However, due to the players in this suit, and the fact that Weinberg retires in January, it's likely an outside judge will be seated for this case

A case made for history

To understand the issue, it's important to understand the history.

Charles F. Hamblen was among St. Augustine's more prominent and popular businessmen in the late 1800s and early 1900s.

He died following a long illness on Dec. 29, 1920, at the age of 84. The St. Augustine Evening Record the following day reported that he ''passed away shortly before 3 o'clock at his beautiful home, Blenmore, on Bay Street.'' His wife had died just four months prior.

The Record remembered him this way: "... Mr. Hamblen had made for himself a very important place in the community and had many friends. He was unfailingly helpful and charitable when appeals were made to him for aid, and many individuals and organizations throughout the city have reason to appreciate his kindliness and generosity of spirit.''

It was this generosity which, ironically, began the chain of events which lead to the lawsuit.

In Hamblen's will, he left his bayfront mansion, Blenmore, to charity. He specified that a nonprofit corporation be established to take title to the house to provide a social club ''for male wage earners and men of small income where such men may have a place of resort ... open to all well behaved men regardless of religious belief or political views; except that no person advocating the forcible overthrow of our constitutional government ... shall be entitled to the privileges of said club house.''

A board of directors or trustees was seated, and the Charles F. Hamblen Club was born.

The club operated through the 1920s and 1930s according to Hamblen's wishes (though it did serve an interesting role as the sales office for the Davis Shores development in 1925 and 1926).

The American Legion was incorporated locally in 1934, and in 1940 the club entered into a 20-year lease with the Legion to operate the facility. The cost was $1 per 20-year term. The lease was renewed in 1960 and 1980. It was to have been renewed for another term in March 2000.

Back to the present

The suit alleges that on April 5, 2000, the group of defendants showed up at the American Legion. They told Legion officials that they were now the legal officers of the Hamblen Club, and gave the Legion notice to vacate.

Legion member Joe Eagleson was there. ''I was just appalled by their arrogance ... they had called no meeting ... they had no papers -- nothing. They just said to go, and Herbie (Wiles) told us, 'We might even find a little money in it for you.' ''

What so exasperates the Legion membership is that the corporate entity, The Charles F. Hamblen Club, Inc., was no longer in existence. Its last trustees had died and required incorporation papers had not been filed with the Secretary of State's office since 1992.

There was no ''The Club.''

That is, until April 4, 2000 -- the day prior to the meeting between the defendants and the Legion.

One or more of the defendants went to Tallahassee and resurrected The Club. It was reincorporated with Bob Talton listed as the registered agent and Wiles, Thompson, Green and Usina as officers. Wiles' signature is on the document.

The lawsuit points out that no member of the new board had ever been part of The Club, and only two were ever members of the American Legion.

''How can five guys walk in off the street and a day later kick us out after 60 years?'' asked Legion member Jim Cook.

How? Lawsuit says

The suit alleges that Talton was directed by Legion officials back in 1996 to investigate the Legion's legal status in relation to its lease and other ownership questions. Attorney Hamilton Upchurch studied the issue and reported back to Talton in a letter dated March 10, 1997. The suit says that Talton did not forward the legal opinion -- which hung a heavy cloud over the ownership issue -- to Legion officials. Instead, he took the information elsewhere -- and that it ended up in the hands of the ''new'' board.

The suit also alleges that in a second meeting between the defendants and Legion officials, the defendants again gave notice to vacate, but this time offered the Legion between $200,000 and $250,000, and their help in relocating.

''That's an interesting offer, in trade for a million-dollar building,'' Eagleson said. The St. Johns County Property Appraiser's office lists its taxable value at $419,940. Real estate experts in town put the value above the $1 million mark.

The other side

The defendants contacted were hesitant to talk about the suit on the record -- awaiting a meeting to be held this morning with their attorney. Attorney Dobson was in mediation meetings all day Thursday, and could not be contacted for comment.

But the defendants agree that the re-incorporation move was one meant to save the historic building and help the Legion. The group was seeking a court date of its own -- one in which a judge would decide the rightful governing entity of The Club, or the Legion, or the building or any combination of the three.

If the new board prevails in its attempt to be awarded ''custody'' in the case, its members say they would then shop the property out to the city of St. Augustine or the Department of Historic Preservation and Heritage Tourism, or a similar group with the ability to restore the property to its 1920s splendor. It would set the Legion up with a building on new property where its members ''would be better off,'' according to Talton.

Wiles said his group has respect for the Legion and believes there is a ''misunderstanding of our goals.'' He said, ''None of us will gain any monetary benefit'' from the effort. ''We're really just paying back the community.''

Other defendants agreed it's a win-win situation for all involved.

They disagreed, however, on what the property might be worth -- above the alleged offer to the Legion -- and how that difference might be used.

Legion members have their opinion, admittedly based on rumor, that the building will wind up a high-end restaurant.

They also now have a cause that seems to be awakening a drowsy membership. ''They won't take our home -- no matter what,'' one member said at a meeting Wednesday night.

''This (the American Legion) is exactly what Mr. Hamblen wanted in his house,'' said another.

A third said quietly, ''We're all veterans,'' then smiled and said, ''They need to remember that Uncle Sam taught us all to shoot.''