A Texas philanthropist has filed a lawsuit against a private park in Kentucky, demanding the return of $800,000 after alleging that developers broke a donation agreement regarding the naming rights of a water feature.
Susan Naylor, president of the Will Smith Foundation, sued Lexington’s Gatton Park on the Town Branch for breach of contract, the Lexington Herald-Leader reported.
Naylor had pledged $2 million to the project in memory of her son, William Naylor Smith, but claims the park failed to properly recognize the gift. Will Smith died in a car accident at the age of 8.
Multiple areas of the park honor major contributors, but the water attraction is currently labeled simply as “Waterplay.”
According to court documents seen by the newspaper, the initial contract stipulated that signage at the feature would read: “Thanks to Susan Naylor, on behalf of her son William Naylor Smith.” The contract also required the park board to consult with Naylor on the display before installation.
Although the park announced in June 2023 that the attraction would bear Smith’s name, the lawsuit alleges the final structure completely omits it. Naylor claims an early version of the sign did include the requested dedication, but it was “hastily painted over and covered” shortly after installation.
Court exhibits reported by the Herald-Leader show that friction grew before the park opened, with Naylor expressing disappointment over the design and her exclusion from major events, including the park’s groundbreaking ceremony.
In a May 27, 2025, email to park officials, Naylor wrote: “It would have been nice for the amount we were asked for to have come up with a clever name, other than ‘water play.’ And the signage is very bland.”
She concluded the email by requesting a refund.
Gatton Park has refused to return the funds, pointing to a clause in the agreement stating that any “installment paid toward this pledge is irrevocable and non-refundable.”
Naylor has paid two of her five scheduled $400,000 installments but missed the 2025 deadline. The contract allows the park to revoke naming rights if a donor defaults on payments.
Park officials claim the signage followed a strict uniform design to maintain visual consistency.
In a June 2025 email filed with the suit, Gatton Park CEO Allison Lankford attempted to schedule a resolution meeting, writing to Naylor: “I want to be sure your voice is heard and your intentions are fully reflected as we move forward.”
Gatton Park told the Herald-Leader it has “fully complied with its commitments in connection with her donation.”
