$800K lawsuit alleges Town Branch Park misled donor over naming rights for Water Play Area

A Texas philanthropist has sued Town Branch Park, Inc. in Fayette Circuit Court, alleging the nonprofit and its executives misled her about naming rights for a planned Water Play Area in Lexington.

Susan Naylor, chair of the Will Smith Foundation, pledged $2 million to the park in 2021 after being promised naming rights for the aquatic feature — in honor of her late son, Will Naylor Smith, who died at age 8. She has paid $800,000 so far.

The agreement allegedly included consultation on donor recognition signage and approval of design. Naylor says she began payments believing signage would read “Will Naylor Smith Water Play Area” and would incorporate her input.

The suit claims Town Branch Park instead designed signage simply reading “WaterPlay,” citing a unified design aesthetic for all donor recognition, without seeking her approval. Naylor also alleges she was excluded from ceremonial events, despite other donors receiving prominent recognition and signage reflecting their naming rights.

She accuses Town Branch Park Executive Director Allison Lankford and Capital Campaign Director Ben Shaffar of breach of contract, fraud, negligent misrepresentation, and unjust enrichment. She is seeking the return of her $800,000, interest, attorney’s fees, and additional damages.

The Water Play Area is part of the park’s multimillion-dollar fundraising effort, described as a “transformative” community space in downtown Lexington. Town Branch Park has not yet filed a public response to the complaint.

Gatton Park released the following statement following the lawsuit:

“As has been communicated to Ms. Naylor on multiple occasions, Town Branch Park fully complied with its commitments in connection with her donation. The allegations in the Complaint are wholly unfounded, and they will be vigorously defended in the courtroom. Out of respect for the legal process, no further comment will be made at this time.”