County of Solano v. Handlery
California Court of Appeal
66 Cal. Rptr. 3d 201, 155 Cal. App. 4th 566 (2007)
- Written by Sheryl McGrath, JD
Facts
Solano County (county) (plaintiff) received a conveyance of nonlittoral land from Harry and Rose Handlery as grantors. The deed of conveyance required the county to use the land for county fairs and purposes incidental to county fairs. The deed included a forfeiture restraint and a possibility-of-reverter clause. A year later, the county received a quitclaim deed for the same land from Harry and Rose. The quitclaim deed restricted use of the land to county fairs but had no reverter clause. About 60 years later, after Harry and Rose had died, the county filed a quiet-title action. In the action, the county sought a ruling that the county held the land without restrictions. Paul Handlery (defendant), who was the son of Harry and Rose, filed a cross-complaint for a ruling to define the parties’ rights regarding the land. The trial court entered summary judgment in favor of the county. Handlery appealed.
Rule of Law
Issue
Holding and Reasoning (Horner, J.)
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