Paul Smith’s College of Arts & Sciences v. Roman Catholic Diocese of Ogdensburg
New York Supreme Court, Appellate Division
130 N.Y.S.3d 547 (2021)
- Written by Haley Gintis, JD
Facts
In 1869, Paul Smith Hotel Company (the hotel) conveyed land to be used for church purposes to the Roman Catholic Diocese of Ogdensburg (the diocese) (defendant). The deed stated that the transfer would be void upon the breach of the specific purpose for which the land was conveyed, and that the hotel had the right to reenter and repossess the land. In 1963 the hotel executed a deed conveying to Paul Smith’s College of Arts and Sciences (the college) (plaintiff) all reentry rights. In 2015, the diocese announced that the church on the land would no longer be used for worship. The diocese then removed all sacred objects. The college filed an action in New York state court, seeking a declaratory judgment that it owned the land because the diocese had breached the limited use. The diocese claimed that it owned the property in fee simple because the 1963 deed had extinguished any remaining interest in the land. Alternatively, the diocese argued if the land reverted to the college, then the college was required to destroy all fixtures on the land to avoid unjust enrichment. The trial court returned a verdict for the diocese on the ground that the hotel had retained an unalienable right to reentry, which was extinguished with the 1963 deed. The college appealed.
Rule of Law
Issue
Holding and Reasoning (Garry, J.)
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