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Property Keyed to French
City of Palm Springs v. Living Desert Reserve
Citation:
82 Cal. Rptr. 2d 859 (Ct. App.), review denied (1999)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Brief Facts: A Synopsis of the Facts of the case.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1986, Mrs. McManus’s will was executed. In that will she granted thirty acres of land to the plaintiff, the City of Palm Springs, on the condition that the land be used as the site of the McCallum Desert Preserve and Equestrian Center, and only ever be used for the purpose of maintaining a public park for the exposition of desert fauna and flora. In the event the property stopped being used that way, Mrs. McManus’s will provided that the land should go to the defendant, Living Desert Reserve. A little less than three years later, the city decided it wanted to use the land to build a golf course. It attempted to negotiate with Living Desert Reserve to either use other land in the way Mrs. McManus desired, or to buy their reversionary interest. Negotiations failed, and the city elected to use eminent domain. Lawsuits ensued.
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