Central Delaware County Authority v. Greyhound Corp.

527 Pa. 47, 588 A.2d 485 (1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The predecessor of Greyhound Corp. (D) deeded two tracts of land to Central Delaware County Authority (P). Both deeds conveyed a fee simple subject to a restrictive covenant; they were only to be used for public purposes. They also gave the grantor the right to repurchase, retake and reacquire the same upon payment to P. P operated a sewage plant on the site for twenty-six years. P ceased to operate the sewage plant in 1980 but retained the property and in 1983 brought a quiet title action alleging that the deed's public use, ownership, and repurchase restrictions are void as against the Rule Against Perpetuities. The trial court held that the restriction in the deed was an option to purchase, not an interest subject to a condition subsequent and therefore they did violate the Rule Against Perpetuities. However, it declined to invalidate the provisions for public policy reasons because that would prevent people from deeding their property for the public good. P appealed.