THE CITY OF KLAMATH FALLS V. BELL
7 Or.App. 330, 490 P.2d 515 (1971)
NATURE OF THE CASE: This was a declaratory judgment action requesting the court to
determine the rights of the parties with respect to a deed. Appealed. Bell (D) sought review
of a declaratory judgment which determined title was vested in City (P).
FACTS: A corporation conveyed land to the city of Klamath Falls (P), to be used for a
public library. The deed granted the land '...for and as a gift and without any
consideration...so long as it complies with the conditions hereinafter set forth...' The
deed further provided that, if the city ceased to use the property for a library, title to
the land would pass to the principals of the corporation, Schallock and Daggett, or their
heirs and assigns. Shortly after making the conveyance, the corporation dissolved. P built a
library on the land, which operated for over forty years. At that time, the books were moved
to the county library building. The city library building remained vacant up until the time
of suit. After it closed the library, P filed a declaratory judgment action, joining the
heirs of Schallock and Daggett (D) as parties, requesting a determination as to who owned
the land. The court found that the deed passed a fee simple determinable, or a fee simple on
a special limitation, to P. Further, it noted that the deed attempted to create a gift over
of an executory interest to Schallock and Daggett, and found that the gift over was void,
since it violated the Rule Against Perpetuities
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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