Скачать или смотреть Paul Smith College Arts & Sci v. Catholic Diocese Ogdensburg Case Brief Summary | Law Case Explained

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Paul Smith’s College of Arts & Sciences v. Roman Catholic Diocese of Ogdensburg | 130 N.Y.S.3d 547 (2021)

In Paul Smith’s College versus Roman Catholic Diocese of Ogdensburg , we’ll look at the different rights grantors have to reclaim future interests in property under a possibility of reverter compared to a right of reentry.

In eighteen ninety-six, Paul Smith Hotel Company deeded its property to the bishop of Ogdensburg in trust for a Catholic congregation. The deed held that if the property were ever used for purposes other than church purposes, the conveyance would be void and the hotel would have the right to reenter and take possession of the property. The diocese erected and maintained a church on the property . In nineteen sixty-three, the hotel deeded its right to reenter and repossess the property to Paul Smith’s College of Arts and Sciences. In twenty fifteen, the diocese issued a decree that the property would be used for nonchurch purposes. The diocese removed all the sacred objects from the property, including the altar and stained-glass windows.

In twenty seventeen, the college sought a declaratory judgment that it owned the property because the diocese wasn’t using the property for church purposes. The diocese counterclaimed that any right of reentry was extinguished when the hotel deeded its rights to the college because a right of reentry is unassignable. The diocese argued in the alternative that if the court found that the college owned the property, then the college would be required to destroy the fixtures on the land so that the college wouldn’t be unjustly enriched. The trial court found in favor of the diocese and held that, under the original deed, the hotel had an unalienable right to reentry that it extinguished in the nineteen sixty-three deed. The college appealed.

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