Property Keyed to French
City of Palm Springs v. Living Desert Reserve
Facts
An executed will conveyed 30 acres of land to the City of Palm Springs (Plaintiff) on the express condition that the land will always be used as a public park. The deed conveyed, stipulated that if at any moment the land is no longer used as a park then the land would transfer to the Living Desert Reserve (Defendant). Nearly three years later, the Plaintiff made the determination that they would prefer the land to be used as a golf course and attempted to buy the Defendant’s reversionary interest but to no avail. The Plaintiff’s then brought an action in eminent domain and requested immediate possession. The trial court ruled in favor of the plaintiff. A couple of months later, the Defendant’s claim the Plaintiff’s breached the condition on the property that it was to be utilized as a public park only. Trial court ruled against the Defendant and Defendant appeals.
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