Ok I had this issue again and now I am curious if you guys have actually done this again...
I reference my other post here
NOW I am on a sitefinity 3.7 .NET 4.0 Community Edition site and I am having the same issue.
I am more than willing to remove the offending code but the builds should be checked and verified for accuracy again I think....
If not I am having another issue which I will need help resolving.